Dalbis v. France

Background

Louis Alexandre Noel Albert Dalbis, proceeding without counsel, brought claims against France under the Alien Tort Statute and various international treaties. The opinion states that the case was substantially similar to Dalbis's earlier case in the Southern District of New York, which Chief Judge Swain had transferred to the United States District Court for the District of Columbia.

Venue and transfer

The court held that transferring the action to the District of Columbia was proper under 28 U.S.C. § 1404(a), a statute allowing a court to move a case to another federal district for convenience and fairness. The court also stated that transfer might be required under 28 U.S.C. § 1406(a), which addresses cases filed in an improper venue.

The court relied on the allegation that the claims against France arose from events that largely occurred in France. Although some events may have occurred after Dalbis relocated to the United States, the court found that he alleged no facts showing that events giving rise to his claims occurred in the Southern District of New York. The court therefore stated that the District of Columbia was the only proper venue for the claims under 28 U.S.C. § 1391(f)(4).

Disposition

The court directed the clerk to transfer the action to the United States District Court for the District of Columbia and to close the case. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith, and denied permission to appeal without paying the filing fees. The opinion does not decide the merits of Dalbis's claims against France.