Johnson v. Christopher, 233 F. App'x 852 (10th Cir. 2007). · Go Syfert
Johnson v. Christopher, 233 F. App'x 852 (10th Cir. 2007). Cases Citing This Book View Copy Cite
“venue is clearly inappropriate in the eastern district because no defendant resides in the eastern district and no events were alleged to have taken place in the eastern district.”
48 citation events (48 in the last 25 years) across 16 distinct courts.
Strongest positive: Portnov v. United States Department of Justice (utd, 2019-09-03)
Treatment trajectory · 2018 → 2026 · click a year to view as-of
2018 2022 2026
Top citers, strongest first. 38 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Portnov v. United States Department of Justice (2×) also: Cited as authority (rule)
D. Utah · 2019 · quote attribution · 1 verbatim quote · confidence high
venue is clearly inappropriate in the eastern district because no defendant resides in the eastern district and no events were alleged to have taken place in the eastern district.
discussed Cited as authority (quoted) Mosier v. Farren (2×) also: Cited "see"
10th Cir. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
in the facts and circumstances of this case, we discern no such abuse given that the suit was filed in such an obviously improper venue.
discussed Cited as authority (rule) Shaik v. Finnegan
E.D. Mich. · 2025 · confidence medium
Ohio Mar. 27, 2025) (explaining that “[t]ypically, courts refrain from sua sponte dismissal for improper venue,” but that such dismissal is appropriate on screening under § 1915 “when improper venue is ‘obvious from the face of the complaint and no further factual record is required to be developed,’”); Emrit, 2024 U.S. App. LEXIS 435 , at *1–2 (upholding sua sponte dismissal based on improper venue); Day v. City of Galveston, 480 F. App’x. 119, 121 (3d Cir. 2012) (finding that sua sponte dismissal for improper venue was harmless error when there was no conceivable basis for v…
discussed Cited as authority (rule) Smith v. Texas State of
E.D. Tex. · 2024 · confidence medium
May 28, 2021) (citing Johnson v. Christopher, 233 F. App'x 852, 854 (10th Cir. 2007)). “[F]actors warranting transfer rather than dismissal . . . include finding that the new action would be time barred; that the claims are likely to have merit; and that the original action was filed in good faith rather than filed after ‘plaintiff either realized or should have realized that the forum in which he or she filed was improper.’” Grynberg v. Ivanhoe Energy, Inc., 490 F. App'x 86 , 106–07 (10th Cir. 2012) (quoting Trujillo, 465 F.3d at 1223 n.16).
discussed Cited as authority (rule) Smith v. Texas State of
W.D. Okla. · 2024 · confidence medium
May 28, 2021) (citing Johnson v. Christopher, 233 F. App'x 852, 854 (10th Cir. 2007)). “[F]actors warranting transfer rather than dismissal . . . include finding that the new action would be time barred; that the claims are likely to have merit; and that the original action was filed in good faith rather than filed after ‘plaintiff either realized or should have realized that the forum in which he or she filed was improper.’” Grynberg v. Ivanhoe Energy, Inc., 490 F. App'x 86 , 106–07 (10th Cir. 2012) (quoting Trujillo, 465 F.3d at 1223 n.16).
discussed Cited as authority (rule) Tay v. City of Tulsa
D. Utah · 2024 · confidence medium
While only Federal Defendants move to dismiss for improper venue, under 28 U.S.C. § 1915 (e), the court has authority “to dismiss sua sponte cases not merely on their merits but also based upon improper venue.” Johnson v. Christopher, 233 Fed.
discussed Cited as authority (rule) JOHNSON v. COLVIN POST OFFICE
D. Me. · 2024 · confidence medium
See 28 U.S.C. §§ 1391 , 1402, 1406; Johnson v. Christopher, 233 F. App’x 852, 853 (10th Cir. 2007) (noting that courts have the authority to dismiss a case for improper venue under section 1915 when “the defense is obvious from the facts of the complaint” (cleaned up)).
discussed Cited as authority (rule) JOHNSON v. REID (2×)
D. Me. · 2024 · confidence medium
This Court has the authority under section 1915 to dismiss this case without prejudice for improper venue because “the defense is obvious from the facts of the complaint.” Johnson v. Christopher, 233 F. App’x 852, 853 (10th Cir. 2007).
discussed Cited as authority (rule) Emrit v. Combs
N.D. Okla. · 2024 · confidence medium
“Accordingly, under [28 U.S.C.] § 1915, the district court may consider personal jurisdiction and venue sua sponte only when the defense is obvious from the face of the complaint and no further factual record is required to be developed.” Trujillo, 465 F.3d at 1217 (quotations omitted). “[T]he district court may dismiss under § 1915 only if it is clear that the plaintiff can allege no set of facts to support personal jurisdiction or venue.” Id. (quotations and alterations omitted); see also Fratus v. DeLand, 49 F.3d 673, 676 (10th Cir. 1995) (“Section 1915 dismissal on the basis of…
discussed Cited as authority (rule) MCCASLIN v. STATE OF MASSACHUSETTS (2×)
D. Me. · 2023 · confidence medium
This Court has the authority under section 1915 to dismiss this case without prejudice for improper venue because “the defense is obvious from the facts of the complaint.” Johnson v. Christopher, 233 F. App’x 852, 853 (10th Cir. 2007).
discussed Cited as authority (rule) Fisi v. Extra Space Storage Inc.
E.D. Mich. · 2023 · confidence medium
Johnson v. Christopher, 233 F. App’x 852, 853-54 (10th Cir. 2007) (affirming district court’s sua sponte dismissal without prejudice pursuant to § 1406(a) when proper venue was located in the Northern District of Oklahoma and case was filed in the Eastern District of Oklahoma in lieu of transferring action); Davis v. Reagan, No. 88-6419, 1989 WL 40200 at *1 (6th Cir. 1989) (affirming sua sponte pre-service dismissal on grounds of improper venue in case filed in Tennessee, where proper venue was in the Western District of Pennsylvania); Day v. City of Galveston, 480 F. App’x 119, 121 (3d…
discussed Cited as authority (rule) Fisi v. Extra Space Storage Inc.
E.D. Mich. · 2023 · confidence medium
Johnson v. Christopher, 233 F. App’x 852, 853-54 (10th Cir. 2007) (affirming district court’s sua sponte dismissal without prejudice pursuant to § 1406(a) when proper venue was located in the Northern District of Oklahoma and case was filed in the Eastern District of Oklahoma in lieu of transferring action); Davis v. Reagan, No. 88-6419, 1989 WL 40200 at *1 (6th Cir. 1989) (affirming sua sponte pre-service dismissal on grounds of improper venue in case filed in Tennessee, where proper venue was in the Western District of Pennsylvania); Day v. City of Galveston, 480 F. App’x 119, 121 (3d…
discussed Cited as authority (rule) Emrit v. Jules
N.D. Okla. · 2023 · confidence medium
“Accordingly, under [28 U.S.C.] § 1915, the district court may consider personal jurisdiction and venue sua sponte only when the defense is obvious from the face of the complaint and no further factual record is required to be developed.” Trujillo, 465 F.3d at 1217 (quotations omitted). “[T]he district court may dismiss under § 1915 only if it is clear that the plaintiff can allege no set of facts to support personal jurisdiction or venue.” Id. (quotations and alterations omitted); see also Fratus v. DeLand, 49 F.3d 673, 676 (10th Cir. 1995) (“Section 1915 dismissal on the basis of…
discussed Cited as authority (rule) Sifuentes III v. Adobe
E.D. Mich. · 2023 · confidence medium
Johnson v. Christopher, 233 F. App’x 852, 853-54 (10th Cir. 2007) (affirming district court’s sua sponte dismissal without prejudice pursuant to § 1406(a) when proper venue was located in the Northern District of Oklahoma and case was filed in the Eastern District of Oklahoma in lieu of transferring action); Davis v. Reagan, No. 88-6419, 1989 WL 40200 at *1 (6th Cir. 1989) (affirming sua sponte pre-service dismissal on grounds of improper venue in case 2 filed in Tennessee, where proper venue was in the Western District of Pennsylvania); Day v. City of Galveston, 480 F. App’x 119, 121 (…
discussed Cited as authority (rule) Sifuentes III v. Pluto TV
E.D. Mich. · 2023 · confidence medium
Johnson v. Christopher, 233 F. App’x 852, 853-54 (10th Cir. 2007) (affirming district court’s sua sponte dismissal without prejudice pursuant to § 1406(a) when proper venue was located in the Northern District of Oklahoma and case was filed in the Eastern District of Oklahoma in lieu of transferring action); Davis v. Reagan, No. 88-6419, 1989 WL 40200 at *1 (6th Cir. 1989) (affirming sua sponte pre-service dismissal on grounds of improper venue in case filed in Tennessee, where proper venue was in the Western District of Pennsylvania); Day v. City of Galveston, 480 F. App’x 119, 121 (3d…
discussed Cited as authority (rule) Yamamoto v. Kong
N.D. Ohio · 2022 · confidence medium
See Davis v. Reagan, 872 F.2d 1025 (Table), 1989 WL 40200 (6th Cir. 1989) (affirming sua sponte pre- service dismissal on grounds of improper venue when case was filed in Tennessee and proper venue was in the Western District of Pennsylvania); Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. such an obviously improper venue”).
discussed Cited as authority (rule) Blanton v. Greyhound Lines, Inc.
W.D. Ky. · 2022 · confidence medium
Johnson v. Christopher, 233 Fed.
cited Cited as authority (rule) CMI Roadbuilding Inc v. Wiregrass Construction Company Inc
M.D. Ala. · 2021 · confidence medium
Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007) (unpublished opinion) (citing Doering ex rel.
cited Cited as authority (rule) CMI Roadbuilding Inc v. Wiregrass Construction Company Inc
W.D. Okla. · 2021 · confidence medium
Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007) (unpublished opinion) (citing Doering ex rel.
cited Cited as authority (rule) AvePoint, Inc. v. Knickerbocker
W.D. Va. · 2020 · confidence medium
Nor has AvePoint offered any other “reason to believe that an injustice will result from the dismissal as opposed to a transfer.” Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007).
discussed Cited "see" Maketa S. Jolly v. Jennifer B. Colin and Vermont Office of Professional Regulation
D. Me. · 2026 · signal: see · confidence high
See Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007) (affirming the dismissal of a plaintiff’s complaint pursuant to section 1406(a) where “the suit was filed in such an obviously improper venue” and there was “no reason to believe that an injustice [would] result from the dismissal as opposed to a transfer by, say, operation of a statute of limitations”).
discussed Cited "see" Henderson v. Bernard
N.D. Ga. · 2025 · signal: see · confidence high
See Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007) (analyzing improper venue and noting “the district court has discretion” to transfer the matter on screening).
discussed Cited "see" Henderson v. Bernard
D.N.M. · 2025 · signal: see · confidence high
See Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007) (analyzing improper venue and noting “the district court has discretion” to transfer the matter on screening).
discussed Cited "see" Johnson v. Gentzler
D.N.M. · 2025 · signal: see · confidence high
See Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007) (analyzing improper venue and noting that “the district court has discretion” to evaluate the matter on screening).
discussed Cited "see" Johnson (PS) v. Gentzler
D. Colo. · 2025 · signal: see · confidence high
See Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007) (analyzing improper venue and noting that “the district court has discretion” to evaluate the matter on screening).
discussed Cited "see" Morgan v. Biden
D.N.M. · 2025 · signal: see · confidence high
See Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007) (“To be sure, the district court has discretion … to transfer [an inmate’s] case” sua sponte).
discussed Cited "see" Gonzalez v. LNU
D.N.M. · 2023 · signal: see · confidence high
See Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007)(analyzing improper venue and noting “the district court has discretion” to evaluate the matter sua sponte).
discussed Cited "see" Jimenez v. United States
D.N.M. · 2023 · signal: see · confidence high
See Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007) (“To be sure, the district court has discretion … to transfer [an inmate’s] case” sua sponte).
discussed Cited "see" Morgan v. United States
D.N.M. · 2023 · signal: see · confidence high
See Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007)(“To be sure, the district court ha[s] the discretion . . . to transfer [an inmate’s] case . . . .
discussed Cited "see" Cook v. No Named
D. Colo. · 2022 · signal: see · confidence high
See Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007) (“To be sure, the district court has discretion . . . to transfer [an inmate’s] case” sua sponte).
discussed Cited "see" Cook v. United States
D.N.M. · 2022 · signal: see · confidence high
See Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007) (“To be sure, the district court has discretion . . . to transfer [an inmate’s] case” sua sponte).
discussed Cited "see" Romero v. Bureau of Prisons
D.N.M. · 2022 · signal: see · confidence high
See Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007) (noting that a “district court has discretion . . . to transfer [an inmate’s] case” sua sponte).
discussed Cited "see" Carbajal v. United States
D.N.M. · 2022 · signal: see · confidence high
See Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007) (“To be sure, the district court has discretion … to transfer [an inmate’s] case” sua sponte).
discussed Cited "see" Akers v. Siereveld
D.N.M. · 2021 · signal: see · confidence high
See Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007) (analyzing improper venue and noting “the district court has discretion” to evaluate the matter sua sponte).
discussed Cited "see" Whittenberg v. Beckstead
D.N.M. · 2021 · signal: see · confidence high
See Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007) (“To be sure, the district court has discretion … to transfer [an inmate’s] case” sua sponte).
discussed Cited "see" Alexis v. Hijar
W.D. Tex. · 2021 · signal: see · confidence high
See Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007) (“To be sure, the district court has discretion . . . to transfer [an inmate’s] case” sua sponte).
discussed Cited "see" Alexis v. Hijar
D.N.M. · 2021 · signal: see · confidence high
See Johnson v. Christopher, 233 F. App’x 852, 854 (10th Cir. 2007) (“To be sure, the district court has discretion . . . to transfer [an inmate’s] case” sua sponte).
discussed Cited "see, e.g." Smith v. City of Evanston Wyoming
D. Utah · 2025 · signal: see also · confidence medium
Barrett v. Copper Mt., Inc., 249 F.3d 1202 , 1209 n. 3 (10th Cir. 2001) (“The district court had the authority either to dismiss or transfer the case for improper venue or lack of personal jurisdiction.”); see also Johnson v. Christopher, 233 F. App’x 852, 853 (10th Cir. 2007) (recognizing a ”district court’s authority under 28 U.S. C. § 1915(e) to dismiss sua sponte cases not merely on their merits but also based upon improper venue.”).
Retrieving the full opinion text from the archive…
Raymond Herschel JOHNSON, Sr., Plaintiff-Appellant,
v.
Dr. Simena CHRISTOPHER; Dr. Floyd; And Dr. Jay Kharl, Defendants-Appellees
07-7011.
Court of Appeals for the Tenth Circuit.
May 17, 2007.
233 F. App'x 852
Raymond Herschel Johnson, Sr., Vinita, OK, pro se.
Lucero, Hartz, Gorsuch.
Cited by 38 opinions  |  Unpublished
2 passages pin-cited by 2 cases
Pinpoint authority: #30,691 of 633,719
Citer courts: Tenth Circuit (2)

ORDER AND JUDGMENT *

NEIL M. GORSUCH, Circuit Judge.

Raymond Johnson, an inmate in the custody of the Oklahoma Department of Cor[*853] rections, filed a complaint pursuant to 42 U.S.C. § 1983 in the United States District Court for the Eastern District of Oklahoma. While difficult to discern the nature of his claim, as best we can tell Mr. Johnson doesn’t agree with Oklahoma prison medical staff who continue to deem him incompetent to stand trial. The relief he seeks, however, is abundantly clear, immediate release and ten million dollars in damages.

The district court dismissed the case sua sponte for improper venue pursuant to 28 U.S.C. §§ 1406(a) & 1391(b). The district court did so after observing that Mr. Johnson is incarcerated at the Oklahoma Forensic Center in Vinita, Oklahoma, a facility located in the Northern District of Oklahoma; all of the defendants likewise are citizens within the Northern District; and all of the events alleged occurred there. Simply put, the district court found no basis whatsoever for venue in the Eastern District. While dismissing Mr. Johnson’s suit, the district court emphasized that its dismissal was without prejudice [1] and identified for Mr. Johnson the Northern District as the appropriate jurisdiction to hear his complaints.

Mr. Johnson appeals to us arguing, in essence, that the district court erred by failing to render a decision on the merits of his case. [2] Construing his pro se filings liberally, as we are constrained to do, see Andrews v. Heaton, 483 F.3d 1070, 1076-77 (10th Cir.2007), we understand Mr. Johnson as challenging the district court’s dismissal of his suit in lieu of transferring it to the Northern District of Oklahoma.

In assessing such a challenge, we are obliged to begin by acknowledging a district court’s authority under 28 U.S.C. § 1915(e) to dismiss sua sponte cases not merely on their merits but also based upon improper venue. Trujillo v. Williams, 465 F.3d 1210, 1217 (10th Cir.2006). This procedure is appropriate where “the defense is obvious from the facts of the complaint and no further factual record is required to be developed,” and “only if it is clear that the plaintiff can allege no set of facts to support ... venue.” Id. (internal quota[*854] tions, citation, and alteration omitted). [3] We have no doubt that these conditions and rationales are met here. Venue is clearly inappropriate in the Eastern District because no defendant resides in the Eastern District and no events were alleged to have taken place in the Eastern District. See 28 U.S.C. § 1391(b).

To be sure, the district court had the discretion not only to dismiss but also to transfer Mr. Johnson’s case. See Doering ex rel. Barrett v. Copper Mtn., Inc., 259 F.3d 1202, 1209 n. 3 (10th Cir.2001) (“The district court had the authority either to dismiss or transfer the case for improper venue or lack of personal jurisdiction.”). But Section 1406(a) indicates that the district court “shall dismiss” a case filed in an inappropriate venue unless it finds the interests of justice would be served by transfer. The district court evidently did not find that requisite met, and we review its conclusion on this score for abuse of discretion. Cf. Ballesteros v. Ashcroft, 452 F.3d 1153, 1160 (10th Cir.2006) (applying separate venue regulation) (“In civil cases, the question of whether a litigant has brought an action in the proper court is a question of law, while the question of whether to dismiss or transfer an action filed in an improper venue is within the district court’s sound discretion and reviewed for abuse of discretion only.” (internal quotation omitted)).

In the facts and circumstances of this case, we discern no such abuse given that the suit was filed in such an obviously improper venue. Additionally, Mr. Johnson offers us no reason to believe that an injustice will result from the dismissal as opposed to a transfer by, say, operation of a statute of limitations upon his claims. See generally Goldlawr, Inc. v. Heiman, 369 U.S. 463, 466, 82 S.Ct. 913, 8 L.Ed.2d 39 (1962) (pointing to loss of “a substantial part of [plaintiff’s] cause of action under the statute of limitations” as “a typical example of the problem [Congress] sought to [avoid]” in enacting § 1406). Indeed, Mr. Johnson, albeit acting pro se, offers us no reason whatsoever that the district court abused its discretion in dismissing the case, and our own review of the record reveals none.

For all these reasons, we affirm the district court’s dismissal of this case. We also grant Mr. Johnson’s motion to proceed on appeal without prepayment of filing fees, and we remind him that he is obligated to continue making partial payments until the entire fee has been paid. So ordered.

*

After examining appellant’s brief and the appellate record, this panel has determined[*853] unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a)(2) and 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R.App. P. 32.1 and 10th Cir. R. 32.1.

1

. After the district court filed its order dismissing the complaint, it entered judgment against Mr. Johnson, stating, “[c]ase dismissed because proper venue does not lie in the Eastern District of Oklahoma.” Docket Entry 10 (Judgment in a Civil Case, Feb. 2, 2007) (emphasis added). A court’s dismissal of the entire action, even if termed a dismissal without prejudice, is a "final decision” for the purposes of 28 U.S.C. § 1291, and thus we have jurisdiction to hear this appeal. See Moya v. Schollenbarger, 465 F.3d 444, 448-49 (10th Cir.2006) (“[I]n this circuit, ‘whether an order of dismissal is appealable’ generally depends on ‘whether the district court dismissed the complaint or the action. A dismissal of the complaint is ordinarily a non-final, nonappealable order (since amendment would generally be available), while a dismissal of the entire action is ordinarily final.’ ” (quoting Mobley v. McCormick, 40 F.3d 337, 339 (10th Cir.1994))).

2

. Mr. Johnson also filed a separate document styled "Writ of Mondane-Prohabitum" in this court. The Clerk dismissed what she took to be an application for a writ of mandamus for failure to prosecute but indicated that this panel would consider the merits of Mr. Johnson’s application as part of this appeal. See May 2, 2007 Order, No. 07-7019. Accordingly, we treat the materials in that separate case file as if they were filed in the matter now before us.

3

. Even though improper venue is an affirmative defense that may be waived, we have looked to the purposes of Section 1915(e) and determined that it is nevertheless proper for a district court to dismiss a case where the " ‘claim’s factual backdrop clearly beckons the defense.’ ” Trujillo, 465 F.3d at 1217 (quoting Fratus v. DeLand, 49 F.3d 673, 676 (10th Cir.1995)); see also id., at 1216.