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982 F.2d 88

Docket No. 411, Docket 92-6146.

Stich v. Rehnquist

Second Circuit Court of Appeals

Submitted Dec. 11, 1992.

Decided Dec. 31, 1992.

Second Circuit Court of Appeals · decided 1992-12-31

2 counsel of record

Applies 28 U.S.C. § 1391

Relies on Concession Consultants, Inc. v. Mirisch

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1992-12-31

How this case has been cited

Cited by 13 later decisions — most recently July 2012

6 federal appellate ·

90199220002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Rodney F. Stich, Alamo, CA, plaintiff-appellant pro se.

¶2Otto G. Obermaier, U.S. Atty., S.D. New York, New York City (Linda A. Riffkin, Sp. Asst. U.S. Atty., Gabriel W. Gorenstein, Asst. U.S. Atty., of counsel), for defendants-appellees.

¶3PER CURIAM:

¶4Plaintiff Rodney F. Stich appeals from an order of the United States District Court for the Southern District of New York, Mary Johnson Lowe, Judge, dismissing his complaint sua sponte on the ground of improper venue. The lengthy complaint named as defendants Justices of the United States Supreme Court, a former United States Attorney General, bankruptcy judges in the Ninth Circuit, and others, and alleged a conspiracy dating back to 1963 to, inter alia, prevent enforcement of air safety laws and to exploit Stich’s marital difficulties in order to deprive him of his property. The complaint’s allegations are similar to those made in several cases brought by Stich in the Ninth Circuit, where he has been classified as a vexatious litigant and barred from instituting new suits without leave of the court. See, e.g., Stich v. Patel, No. C-86-0384 SC (N.D.Cal. June 6, 1986).

¶5*89In the present action, in an Order dated March 28, 1992, the district court observed that

[njeither the activities nor the parties alleged in this complaint have any relation to this district. According to plaintiffs complaint, plaintiff “is domiciled in the State of Nevada and also resides in the State of California.” .'.. In addition, the Complaint alleges that all defendants are residents of the District of Columbia. All discernable factual allegations of the Complaint involve events that occurred in California.

¶6Accordingly, the court dismissed the complaint sua sponte for improper venue, pursuant to 28 U.S.C. §§ 1391 and 1402 (1988).

¶7In Concession Consultants, Inc. v. Mirisch, 355 F.2d 369 (2d Cir.1966), we suggested that a district court should not dismiss for improper venue on its own motion except in extraordinary circumstances. See id. at 371. We conclude that venue was improper for the reasons stated in the district court’s Order, and that the case presented appropriate circumstances for the court’s exercise of its power to dismiss on that ground sua sponte.

¶8CONCLUSION

¶9We have considered all of Stich’s arguments on this appeal and have found them to be without merit. The judgment of the district court is affirmed.

¶10Costs to defendants. No sanctions.

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