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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

RONNIE DYSON,

Plaintiff,

v. CASE NO. 1:11-cv-133-MP-GRJ

ATLANTIC BEACON REALTY, et al.

Defendants.

____________________________/

REPORT AND RECOMMENDATION

Plaintiff initiated this case by filing a pro se civil rights complaint pursuant to 42

U.S.C. § 1331 against three named Defendants, and seeks leave to proceed as a

pauper. Docs. 1 and 2. Plaintiff is a resident of Gainesville, Florida, and according to

the Complaint all of the Defendants reside in Richmond, Virginia. Plaintiff’s claims stem

from a home he rented at 1509 Perry Street, Richmond, Virginia. According to the

Complaint, the home was infested with cockroaches and squirrels, the home was

unsanitary, and the insulation was insufficient under state building codes. The

Defendants are a realty company, the property manager, and a Richmond law firm.

Plaintiff conclusionally alleges that Defendants violated his rights under the Americans

with Disabilities Act, the Fair Housing Act, the Civil Rights Act of 1991, and other

statutes. Doc. 1. 

Plaintiff’s complaint suffers from several defects. First, Plaintiff failed to sign the

Complaint. More importantly, there are no factual allegations in the Complaint that

provide any basis for invoking federal jurisdiction. Although Plaintiff alleges that certain

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federal rights have been violated, even liberally construed it is clear that the factual

allegations establish nothing more than a garden variety landlord-tenant dispute that is

governed by state law. 

Even if Plaintiff asserted a cognizable federal claim, venue is improper in this

Court. Venue is proper in a civil action not founded solely on diversity only in a judicial

district: (1) where any defendant resides, if all defendants reside in the same state; (2)

where a substantial part of the events giving rise to the claims occurred; or (3) where

any defendant may be found, if there is no district in which the action may otherwise be

brought. 28 U.S.C. § 1391(b). The allegations of the Complaint reflect that all of the

Defendants reside in Richmond, Virginia, and that all of the events giving rise to the

claims occurred in Richmond, Virginia. Richmond, Virginia, is within the jurisdiction of

the United States District Court for the Eastern District of Virginia, Richmond Division. 

Accordingly, this case should have been filed in that District. See 28 U.S.C § 1391(b).

Pursuant to 28 U.S.C. § 1406(a) where, as here, a case has been filed in the

wrong venue, “[T]he district court of a district in which is filed a case laying venue in the

wrong ... district shall dismiss, or if it be in the interest of justice, transfer such case to

any district ... in which it could have been brought.” In view of the fact that Plaintiff’s

allegations state no cognizable basis for exercising federal jurisdiction, transfer of this

case would not be in the interests of justice.

Case No: 1:11-cv-133-MP-GRJ

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In light of the foregoing, it is respectfully RECOMMENDED that pursuant to 28

U.S.C. § 1915(e)(2) leave to proceed as a pauper be DENIED, and that this case be

DISMISSED for failure to state a claim upon which relief may be granted. 

IN CHAMBERS at Gainesville, Florida, this 11 day of July 2011. 

th

s/Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

NOTICE TO THE PARTIES 

Pursuant to Fed. R. Civ. P. 72(b)(2), a party may file specific, written

objections to the proposed findings and recommendations within 14 days after

being served with a copy of this report and recommendation. A party may

respond to another party’s objections within 14 days after being served with a

copy thereof. Failure to file specific objections limits the scope of review of

proposed factual findings and recommendations.

Case No: 1:11-cv-133-MP-GRJ

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