Frazier v. Federal Bureau of Investigation

901 F. Supp. 217, 1995 U.S. Dist. LEXIS 16037, 1995 WL 631803
CourtDistrict Court, E.D. Louisiana
DecidedOctober 20, 1995
DocketCiv. A. No. 95-1875
StatusPublished
Cited by1 cases

This text of 901 F. Supp. 217 (Frazier v. Federal Bureau of Investigation) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Frazier v. Federal Bureau of Investigation, 901 F. Supp. 217, 1995 U.S. Dist. LEXIS 16037, 1995 WL 631803 (E.D. La. 1995).

Opinion

ORDER AND REASONS

JONES, District Judge.

The Court, after considering the complaint, the record, the applicable law, the Report [218]*218and Recommendation of the United States Magistrate Judge, and plaintiffs objection to the Magistrate Judge’s Report and Recommendation, hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as its own opinion in this matter, with the following modifications. The Court writes separately to address objections raised by the plaintiff and rules sua sponte whether the Federal Bureau of Investigation may be sued.

Background

Plaintiff, Franklin D. Frazier, is a prisoner incarcerated in the Louisiana State Penitentiary (“LSP”) in Angola, Louisiana. Plaintiff filed this pro se and in forma pauperis complaint pursuant to 42 U.S.C. § 1983 against the Federal Bureau of Investigation (“F.B.I.”) seeking compensatory damages for their failure to investigate his claim that he is being tranquilized and experimented on in his cell against his will.

The Magistrate Judge, upon review of the pleadings recommended that the complaint be transferred to the United States District Court for the Middle District of Louisiana pursuant to 28 U.S.C. § 1404(a).1 The Magistrate Judge determined that because plaintiffs cause of action arose at the LSP in Angola, Louisiana, which is within the geographical jurisdiction of the United States District Court for the Middle District of Louisiana, and because the plaintiff refers to Warden Burl Cain, and to Major Louie Calvert who are employed by the LSP as persons who also failed to investigate his claim, it would be in the interest of justice and the convenience of the parties and the witnesses that the case be transferred.

In his objection to the Magistrate’s Report and Recommendation, plaintiff alleges that the F.B.I. is the only defendant in the action and that the F.B.I. resides in the Eastern District of Louisiana. Plaintiff argues that, therefore, the case is properly brought in this district and should remain here. Plaintiff further contends that it is his request that the Court deny the Magistrate’s Recommendation to transfer the case. Plaintiff cites no law in support of his position.

Law and Application

1. Standard of Review

In accordance with 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b), a district court must engage in de novo review where a party has objected to a magistrate’s proposed findings and recommendation.2

Because plaintiff has filed a timely objection to the Magistrate’s Report and Recommendation that the instant matter be transferred to the Middle District, the Court makes a de novo review of the Magistrate’s recommendation to transfer this case. However, first sua sponte the Court raises the issue of whether plaintiff can sue the Federal Bureau of Investigation per its broad discretion in determining whether an in forma pauperis complaint is frivolous. See Cay v. Estelle, 789 F.2d 318 (5th Cir.1986), modified on other grounds, Booker v. Koonce, 2 F.3d 114 (5th Cir.1993).

II. Suit Against F.B.I.

The first question is whether plaintiff can bring an action against the F.B.I. Because there is no specific statutory authority for suing the F.B.I., only the United States, not the F.B.I., is a proper-party defendant in this matter. See Blackmar v. Guerre, 342 U.S. 512, 515, 72 S.Ct. 410, 412, 96 L.Ed. 534 (1952); Fluellen v. U.S. Department of Justice Drug Enforcement Administration, 816 F.Supp. 1206, 1209 (E.D.Mich.1993); Laspopoulos v. FBI, 884 F.Supp. 214, 215 (E.D.La.1995).

Plaintiff should be allowed to amend his complaint to name the United States as a defendant, unless such an amendment would be futile. Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 230, 9 L.Ed.2d 222 (1962).

[219]*219Such futility exists here for the following reasons. The United States cannot be sued unless it has waived its sovereign immunity to suit. The plaintiffs complaint clearly alleges constitutional violations [based on alleged civil rights violations], and such a suit is barred by sovereign immunity because the Constitution does not waive the United States’ sovereign immunity in a suit for damages. Garcia v. United States, 666 F.2d 960, 966 (5th Cir.1982).

Laspopoulos, 884 F.Supp. at 216.

As a result, plaintiffs complaint as to the F.B.I. and/or the United States lacks an arguable basis in law, Booker v. Koonce, 2 F.3d at 115 and n. 6., and will be dismissed as frivolous pursuant to 28 U.S.C. § 1915(d).

III. Transfer

Having determined that plaintiff has no cause of action against the F.B.I., which provides the only basis for plaintiffs argument that venue is proper in this district, the next question is whether the Magistrate Judge correctly recommended that this case be transferred to the Middle District. The first step in answering this question is to determine what defendants, if any, remain.

For this reason, the Magistrate Judge construed the other defendants, in addition to the F.B.I., to be Warden Burl Cain and Major Louie Calvert of the LSP, who were mentioned in plaintiffs complaint. Therefore, the Magistrate Judge recommended that the matter be transferred to the Middle District for the convenience of the parties and the witnesses.

In his objection to the Magistrate’s Report and Recommendation, the plaintiff adamantly states the complaint is only against the F.B.I. and that “codefendants [sic] is nothing more than a witness [sic] on plaintiffs behalf’ and that “[s]witehing the claim on codefendants’ [sic] is not plaintiff intention’s [sic].” (R.Doc. 3, p. 1.) Additionally, plaintiff states:

The claim is on F.B.I. for failure to investigate a matter of serious importance and a claim that by law should have been investigated and F.B.I. refused to do.

Id.

Nevertheless, pro se complaints must be construed broadly. Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 596, 30 L.Ed.2d 652 (1972). Plaintiffs complaint and objection are confusing at best as to who are the named defendants. Construing plaintiffs complaint broadly, the Court finds that plaintiff has named Warden Cain and Major Calvert as defendants under 42 U.S.C.

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Cite This Page — Counsel Stack

Bluebook (online)
901 F. Supp. 217, 1995 U.S. Dist. LEXIS 16037, 1995 WL 631803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frazier-v-federal-bureau-of-investigation-laed-1995.