In Re Lawrence C. Pope, 580 F.2d 620 (D.C. Cir. 1978). · Go Syfert
In Re Lawrence C. Pope, 580 F.2d 620 (D.C. Cir. 1978). Cases Citing This Book View Copy Cite
46 citation events (29 in the last 25 years) across 8 distinct courts.
Strongest positive: Hdeel Abdelhady v. George Washington University (cadc, 2024-01-09) · Strongest negative: Moler v. Wells (ca5, 2021-11-10)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
discussed Cited "but see" Moler v. Wells
5th Cir. · 2021 · signal: but see · confidence high
But see In re Pope, 580 F.2d 620, 622 (D.C.
cited Cited as authority (rule) Hdeel Abdelhady v. George Washington University
D.C. Cir. · 2024 · confidence medium
Cir. 1986) (quoting In re Pope, 580 F.2d 620, 623 (D.C.
cited Cited as authority (rule) Ballard v. Disbrow
D.D.C. · 2022 · confidence medium
Cir. Jun. 2, 2021) (citing In re Pope, 580 F.2d 620, 622 (D.C.
cited Cited as authority (rule) Sanchez-Mercedes v. Bureau of Prisons
D.D.C. · 2020 · confidence medium
For venue, “a prisoner has his residence at his place of confinement.” In re Pope, 580 F.2d 620, 622 (D.C.
discussed Cited as authority (rule) Jones v. Kaine
D.D.C. · 2020 · confidence medium
In any event, Plaintiff is a resident of the state of California because, under the law of this circuit, an incarcerated person resides “at the place of confinement,” In re Pope, 580 F.2d 620, 622 (D.C.
cited Cited as authority (rule) Gatlin v. Piscitelli
D.D.C. · 2020 · confidence medium
For present purposes, moreover, Plaintiff resides in Maryland because, under the law of this circuit, a prisoner resides “at his place of confinement.” In re 3 Pope, 580 F.2d 620, 622 (D.C.
discussed Cited as authority (rule) MacKey v. United States
D.D.C. · 2015 · confidence medium
In re Pope, 580 F.2d 620, 622 (D.C.Cir.1978) (stating that “for purposes of the general venue statute a prisoner has his residence at his place of confinement”) (citing Starnes v. McGuire, 512 F.2d 918 , 925 n. 7 (D.C.Cir.1974)); Jones v. United States, 820 F.Supp.2d 58, 61 (D.D.C.2011) (finding that prisoner incarcerated in the Eastern District of Virginia resides in that district, such that, “under the law of this Circuit, the District of Columbia is not a proper venue for this action”).
discussed Cited as authority (rule) Pinson v. U.S. Department of Justice
D.D.C. · 2014 · signal: cf. · confidence medium
Although such actions may be more conveniently litigated in the district where the prisoner is confined, transfer should not be made routinely and without consideration of particular circumstances. 19 See Starnes, 512 F.2d at 930-32 ; cf. In re Pope, 580 F.2d 620, 622 (D.C.Cir.1978) (noting that a prisoner’s residence for the purpose of venue is the location of confinement).
examined Cited as authority (rule) Roman-Salgado v. Holder (4×) also: Cited "see", Cited "see, e.g."
D.D.C. · 2010 · confidence medium
This Circuit has held that for purposes of venue, “a prisoner has his residence at his place of confinement.” In re Pope, 580 F.2d 620, 622 (D.C.
examined Cited as authority (rule) Roman-Salgado v. Holder (4×) also: Cited "see", Cited "see, e.g."
D.D.C. · 2010 · confidence medium
This Circuit has held that for purposes of venue, “a prisoner has his residence at his place of confinement.” In re Pope, 580 F.2d 620, 622 (D.C.Cir.1978) (citing Starnes v. McGuire, 512 F.2d 918 , 925 n. 7 (D.C.Cir.1974)).
cited Cited as authority (rule) Spotts v. United States
D.D.C. · 2008 · confidence medium
In re Pope, 580 F.2d 620, 622 (D.C.Cir.1978); Bryant v. Carlson, 652 F.Supp. 1286, 1287 (D.D.C.1987).
discussed Cited as authority (rule) United States v. Jacobson
2d Cir. · 1994 · confidence medium
See also Easley v. University of Michigan Bd. of Regents, 853 F.2d 1351, 1358 (6th Cir.1988) (remand while retaining jurisdiction to ascertain judge’s neutrality); In re Pope, 580 F.2d 620, 623 (D.C.Cir.1978) (remanding to district court while retaining jurisdiction requesting statement of reasons clarifying the exercise of district judge’s discretion); Pure Oil Co. v. Superior Oil & Tire Co., 317 F.2d 330, 333 (6th Cir.1963).
discussed Cited as authority (rule) United States v. Jacobson
2d Cir. · 1994 · confidence medium
See also Easley v. University of Michigan Bd. of Regents, 853 F.2d 1351, 1358 (6th Cir.1988) (remand while retaining jurisdiction to ascertain judge's neutrality); In re Pope, 580 F.2d 620, 623 (D.C.Cir.1978) (remanding to district court while retaining jurisdiction requesting statement of reasons clarifying the exercise of district judge's discretion); Pure Oil Co. v. Superior Oil & Tire Co., 317 F.2d 330, 333 (6th Cir.1963). 11 Precedent thus allows us to seek supplementation of the record while retaining jurisdiction, without a mandate issuing or the need for a new notice of appeal.
discussed Cited as authority (rule) Allen Peteet, Ann I. Greenhill, Individually and on Behalf of the Heirs of the Estate of James Edward Greenhill, Deceased v. Dow Chemical Company
5th Cir. · 1989 · confidence medium
While we recognize that this would be the better practice, see, e.g., In re Pope, 580 F.2d 620, 623 (D.C.Cir.1978); Plum Tree, Inc. v. Stockment, 488 F.2d 754, 756 (3d Cir.1973), and that the trial court inexplicably did not articulate its reasons for its rulings, we decline to impose an inflexible rule requiring district courts to file a written order explaining their decisions.
discussed Cited as authority (rule) Ronald G. Sills v. Bureau of Prisons
D.C. Cir. · 1985 · confidence medium
In re Pope, 580 F.2d 620, 623 (D.C.Cir.1978); see also Norris v. Slothouber, 718 F.2d 1116 (D.C.Cir.1983); In re Scott, 709 F.2d 717, 718 (D.C.Cir.1983); Redwood, 679 F.2d at 934 ; Crisafi, 655 F.2d at 1310 .
cited Cited as authority (rule) Kohut v. Henkel
W.D. Pa. · 1983 · confidence medium
In re Pope, 580 F.2d 620, 622 (D.C.Cir.1978).
cited Cited as authority (rule) John v. Norris v. E. Paul Slothouber
D.C. Cir. · 1983 · confidence medium
In re Pope, 580 F.2d 620, 623 (D.C.Cir.1978) (reasons are essential when basis for district court’s ruling “cannot be inferred from the record with reasonable certainty”).
cited Cited "see" Agofsky v. Bureau of Prisons
D.D.C. · 2024 · signal: see · confidence high
See In re Pope, 580 F.2d 620, 622 (D.C.
cited Cited "see" Jordan v. US Bureau of Prisons
D.D.C. · 2022 · signal: see · confidence high
See In re Pope, 580 F.2d 620, 622 (D.C.
cited Cited "see" Wattleton v. Mnuchin
D.D.C. · 2020 · signal: see · confidence high
See In re Pope, 580 F.2d 620, 622 (D.C.
cited Cited "see" Head v. Federal Bureau of Prisons
D.D.C. · 2015 · signal: see · confidence high
See In re Pope, 580 F.2d 620, 622 (D.C.Cir.1978) (per curiam) (citation omitted).
cited Cited "see" Patel v. Phillips
D.D.C. · 2013 · signal: see · confidence high
See In re Pope, 580 F.2d 620 (D.C.Cir.1978).
cited Cited "see" Jones v. United States
D.D.C. · 2011 · signal: see · confidence high
See In re Pope, 580 F.2d 620 (D.C.Cir.1978).
cited Cited "see" Bryant v. Carlson
D.D.C. · 1987 · signal: see · confidence high
See In re Pope, 580 F.2d 620, 622 (D.C.Cir. 1978).
examined Cited "see" Stephen G. Conafay, an Infant, by His Father and Next Friend Stephen R. Conafay v. Wyeth Laboratories, a Division of American Home Products Corp. (4×) also: Cited "see, e.g."
D.C. Cir. · 1986 · signal: see · confidence high
See id. (statement of reasons is essential when the basis for the discretionary determination of the District Court "cannot be inferred from the record with reasonable certainty"); see also LeCompte v. Mr. Chip, Inc., 528 F.2d 601, 605 (5th Cir.1976); cf. Collins v. Seaboard Coastline Railroad Co., 681 F.2d 1333, 1335 (11th Cir.1982). 6 We therefore remand the record with instructions to provide reasons for the court's determination.
discussed Cited "see" In Re Wilton Chatman-Bey
D.C. Cir. · 1983 · signal: see · confidence high
See In re Pope, 580 F.2d 620, 623 (D.C.Cir.1978) (per curiam); cf. Crisafi v. Holland, 655 F.2d 1305, 1310 (D.C.Cir.1981) (per curiam) (“district court judges [should] endeavor to ... supply[ ] a cogent statement of reasons” when dismissing a pro se complaint under 28 U.S.C. § 1915 (d)).
discussed Cited "see" In Re Alan Neal Scott
D.C. Cir. · 1983 · signal: see · confidence high
See In re Pope, 580 F.2d 620, 623 (D.C.Cir.1978). 4 On remand, the district *719 judge reported that he had ordered Scott’s case transferred because the “very large number of forma pauperis cases ... filed [in this Circuit] by prisoners from all over the country ... are a considerable burden on the Judges of the District Court ....” 5 We conclude that the explanation supplied does not justify rejecting Scott’s forum choice.
discussed Cited "see, e.g." O'BRIEN v. Schweiker
E.D. Pa. · 1983 · signal: compare · confidence medium
Compare In re Pope, 580 F.2d 620, 622 (D.C.Cir.1978) (for general venue purposes, a prisoner resides at the place of incarceration). 3 Since plaintiff’s residency is in the Eastern District of Pennsylvania, venue would be proper here under 42 U.S.C. § 405 (g).
Retrieving the full opinion text from the archive…
In Re Lawrence C. POPE, Petitioner
76-8096.
Court of Appeals for the D.C. Circuit.
May 16, 1978.
580 F.2d 620
Lawrence C. Pope, pro se, was on the motion for petitioner.
Bazelon, Leventhal, Per Curiam.
Cited by 33 opinions  |  Published
PER CURIAM:

Lawrence Pope, petitioner here, initiated a civil action against the United States Board of Parole. The District Court ordered the case transferred to the Southern District of Texas. We remand for a statement of reasons.

I

Petitioner is serving concurrent state and federal sentences in a state prison in the Southern District of Texas. [1] The United States Board of Parole granted him a parole from his federal sentence on the condition that he report to a probation officer in the Western District of Texas, remain in the Western District, work regularly, and not associate with known criminals. Obviously unable to comply, petitioner requested that the Board formally waive these conditions for the period of his incarceration. The Board assured petitioner that the provisions would not be enforced while he remained in state prison, but declined to modify the parole agreement. Because petitioner refused to sign the agreement without removal of the objectionable features, the Board rescinded his parole.

Petitioner seeks declaratory and injunctive relief prohibiting the Board from imposing the above parole conditions on himself and others who must remain in state prison. After granting leave to proceed in forma pauperis, the District Court issued an order to show cause why the case should not be transferred to the Southern District of Texas. Petitioner responded that the proposed transferee court is not a place "where [the action] might have been brought” within the meaning of 28 U.S.C. § 1404(a) and that under Starnes v. McGuire, 512 F.2d 918 (1974) (en banc), the District of Columbia is the most appropriate forum for resolving his complaint.

Stating only that no adequate response had been filed, and without soliciting the views of the Board of Parole, the District Court ordered the case transferred. Petitioner then filed for permission to petition for mandamus in forma pauperis to vacate the transfer order.

II

The threshold question is whether the District Court lacked power to transfer the case to the Southern District Court in Texas. The transfer provision, 28 U.S.C. § 1404(a), provides that “for the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” The limitation of the concluding phrase requires that venue lie in the transferee court. Hoffman v. Blaski, 363 U.S. 335, 80 S.Ct. 1084, 4 L.Ed.2d 1254 (1960). Petition[*622] er argues that venue is not proper in the Southern District of Texas and the District Court was therefore without authority to transfer the case there.

Under the applicable venue provision, 28 U.S.C. § 1391(e), venue is proper in any district in which “(1) a defendant in the action resides, or (2) the cause of action arose, or (3) any real property involved in the action is situated, or (4) the plaintiff resides, if no real property is involved in the action.” Since the Board of Parole resides in the District of Columbia and no real property is involved, only subsections (2) and (4) potentially place venue in the Southern District of Texas.

Petitioner alleges that prior to his incarceration he resided in the Western District of Texas. He contends that although he is incarcerated in the Southern District of Texas, he continues to reside in the Western District for purposes of Section 1391(e)(4).

There is considerable support for the notion that one does not change his residence to the prison by virtue of being incarcerated there. Ellinburg v. Connett, 457 F.2d 240, 241 (5th Cir. 1972); Cohen v. United States, 297 F.2d 760, 774 (9th Cir. 1962); Turner v. Kelly, 411 F.Supp. 1331, 1332 (D.Kan.1976); Ott v. United States Board of Parole, 324 F.Supp. 1034, 1037 (W.D.Mo.1971). The law in this Circuit, however, is otherwise. In keeping with its policy of convenience, we have held that for purposes of the general venue statute a prisoner has his residence at his place of confinement. Starnes v. McGuire, 512 F.2d at 925 n.7. [2] Since venue is proper in the Southern District of Texas under Section 1391(e)(4), petitioner’s argument that the District Court lacked power to transfer is without merit.

Ill

There remains to be considered whether the District Court abused its discretion in transferring the case to the Southern District of Texas. Although the district of confinement will often be the most convenient forum for resolving prisoner complaints, transfer there should not be made routinely. As we stated in Starnes v. McGuire, 168 U.S.App.D.C. at 11, 512 F.2d at 925: “[transfer must be] justified by particular circumstances that render the transferor forum inappropriate by reference to the considerations specified in that statute.”

Petitioner argues that the District Court ignored several important factors that militate against transfer. First, petitioner maintains that whatever this Court’s view of a prisoner’s residence, the transferee circuit has held that a prisoner resides in his last domicile prior to his incarceration. See Ellinburg v. Connett, supra. Petitioner contends that if the case is transferred, the transferee court will dismiss for lack of venue and that under these circumstances, transfer can hardly be “for the convenience of parties and witnesses, in the interest of justice.”

Petitioner also argues that his place of confinement has no nexus with his claim for relief. He alleges that virtually all of his potential witnesses and relevant records are in the District of Columbia. More significantly, petitioner urges that he is raising an issue of pure law, the resolution of which will not require his testimony. Although he does not deny that certain factual predicates underlie his claim, petitioner argues that stipulations, requests for admission, or other discovery procedures will readily establish the undisputed facts. [3]

Petitioner further argues that since he is not attacking the validity of his conviction[*623] or the length of his confinement, transfer cannot be sustained on the theory that the action sounds in habeas corpus. See Starnes v. McGuire, 512 F.2d at 931-932. Finally, petitioner claims that heavy docket congestion in the Southern District Court in Texas further undermines any basis for transfer.

Although we do not necessarily accept all petitioner’s arguments, the course followed by the District Court leaves the ease in a posture unsuited for appellate review. We cannot determine whether the District Court has abused its discretion until we know the basis of its decision.

A statement of reasons is always highly desirable. Not only does it facilitate appellate review, but more importantly, it helps to insure that the District Court considers carefully the arguments for and against transfer. While a statement of reasons is not an invariable requirement, it is essential when the basis for transfer cannot be inferred from the record with reasonable certainty. See Westinghouse v. Weigel, 426 F.2d 1356, 1358 (9th Cir. 1970).

Reviewing the record here, petitioner’s complaint does not plainly disclose that the District of Columbia will be an inconvenient forum. Petitioner’s response to the District Court’s show cause order is a careful attempt to fit his claim within the framework of Starnes. Moreover, there is no response from the Board of Parole to illuminate the likely reasons for transfer. In these circumstances, we are unable to uphold the District Court’s order without first receiving a written explanation of its decision. We therefore remand to the District Court for further proceedings consistent with this opinion. [4]

So ordered.

1

. The pertinent facts are drawn from petiti er's complaint. For purposes of this petition, we assume its allegations are true.

2

. Wren v. Carlson, 165 U.S.App.D.C. 70, 506 F.2d 131 (1974) is not contrary. In ordering that case transferred to the prisoner’s place of confinement, a panel of this Court found venue in the transferee court under Section 1391(e)(2). Id. at 134 n.23. The further pronouncement that for purposes of Section 1391(e)(4) a prisoner resides in his last domicile prior to his incarceration was therefore dictum. At any rate, to the extent that there is a conflict between Starnes and Wren over the proper interpretation of Section 1391(e)(4), our en banc decision in Starnes controls.

3

. Petitioner accompanied his response to the District Court’s show cause order with a request for admissions.

4

. Technically it is not exact to refer to a “remand” of the motion. It is a shorthand reference to identify that we defer ruling on the motion, retaining jurisdiction, meanwhile transferring the matter to the district court for an explanation of its order, and for such further proceedings as the district court may deem helpful.