DRAPER v. UNITED STATES DISTRICT COURT OF WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION (2019)

Cedric Euron Draper appeals the district court's order dismissing his civil action for improper venue. We have reviewed the record and find no reversible error. See Buchanan v. Manley, 145 F.3d 386, 388-89 (D.C. Cir. 1998). It is apparent from Draper's complaint that no conceivable basis exists for venue in the Eastern District of Virginia. See 28 U.S.C. § 1391(b), (c) (2012) (describing venue and residency requirements). Moreover, we are satisfied that the interests of justice did not require transferring, rather than dismissing, the action. See Simpkins v. D.C. Gov't, 108 F.3d 366, 370 (D.C. Cir. 1997) (recognizing that district court may dismiss action, despite improper venue, where complaint patently failed to state viable claim).

Accordingly, we affirm the district court's judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.