D'AMICO v. Treat, 74 C 82.
Decision Date | 10 July 1974 |
Docket Number | No. 74 C 82.,74 C 82. |
Citation | 379 F. Supp. 1004 |
Parties | James M. P. D'AMICO, Plaintiff, v. D. Allen TREAT, Defendant. |
Court | U.S. District Court — Northern District of Illinois |
James M. P. D'Amico, pro se.
Philip B. Laird, Jr., Deputy Atty. Gen., State of California, Sacramento, Cal., Ed Thomas, Asst. Atty. Gen. for Illinois, Chicago, Ill., for defendant.
This cause comes on the defendant's motion to dismiss the instant complaint.
This is purportedly a pro se civil rights action seeking to redress the alleged deprivation of the plaintiff's civil rights guaranteed by the United States Constitution and protected by the Civil Rights Act of 1871, 42 U.S.C. §§ 1983 and 1985. The plaintiff alleges that this Court has jurisdiction over the instant action pursuant to 28 U.S.C. §§ 1331, 1332, and 1343.
The plaintiff, James M. P. D'Amico, is a citizen of the United States of America, a resident of the State of Illinois and an attorney at law licensed since 1960 to practice before the Supreme Court of the State of Illinois and the Federal District Court for the Northern District of Illinois.
The defendant D. Allen Treat was at all times relevant to the instant action the Medical Director of the Department of Human Resources and Development for the State of California.
The plaintiff, in his complaint, alleges, inter alia, the following facts:
The plaintiff seeks damages in the amount of fifty thousand dollars.
The defendant, in support of his motion to dismiss the instant complaint, contends that:
The plaintiff contends that the instant motion is not meritorious.
It is the opinion of this Court that this Court does not properly have venue over the instant action and that in the interests of justice the instant action should be dismissed without prejudice.
Since the plaintiff brings the instant action as a self-styled civil rights action, it is clear that he does not intend that jurisdiction be solely on the basis of diversity of citizenship. While the precise basis for federal jurisdiction is not clearly spelled out in the pro se complaint, it would appear that plaintiff's claim is based at least in part upon the Civil Rights Act of 1871, 42 U.S.C. §§ 1983 and 1985 and 28 U.S.C. § 1343 for which the applicable venue provision is 28 U.S.C. § 1391(b):
"A civil action wherein jurisdiction is not founded solely on diversity of citizenship may be brought only in the judicial district where all defendants reside, or in which the claim arose, except as otherwise provided by law."
There is no applicable law with regard to venue under...
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Marquest Medical Products, Inc. v. Emde Corp., Civ. A. No. 80-K-61.
...299 F.2d 666, 669 (10th Cir. 1962) (filing of Rule 13(a) compulsory counterclaim does not constitute waiver); D'Amico v. Treat, 379 F.Supp. 1004, 1007-1008 (N.D.Ill.1974) (filing of counsel's appearance and motion for enlargement of time to answer or otherwise plead does not constitute 3 Al......
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Federal Nat. Mortg. Ass'n v. Cobb
...without the risk of waiving them and without the inevitable delay associated with successive motions and pleadings. D'Amico v. Treat, 379 F.Supp. 1004 (N.D.Ill.1974) aff'd without opinion, 510 F.2d 976 (7th Cir.1975). Special appearances are no longer necessary to challenge jurisdiction, pr......
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United States v. Weiler
...444 F. Supp. 31, 33 (W.D. Okla. 1977) (noting that general venue provisions of § 1391 apply in § 1983 actions); D'Amico v. Treat, 379 F. Supp. 1004, 1007 (N.D. Ill. 1974) (same). Similarly, under 28 U.S.C. § 1391(e),A civil action in which a defendant is an officer or employee of the United......
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Lomanco, Inc. v. Missouri Pacific R. Co.
...or venue objections occurs by virtue of the filing of a cross-claim, counterclaim or third-party complaint, see D'Amico v. Treat, 379 F.Supp. 1004 (N.D.Ill.1974); United States v. Marple Community Record, Inc., 335 F.Supp. 95 (E.D.Pa.1971); Majerus v. Walk, 275 F.Supp. 952 (D.Minn.1967); an......