Basavaraj Hooli appealed a district court order that dismissed his complaint against Larry Mitcham, the Administrator of Zebulon City. The district court had dismissed the case primarily for lack of personal jurisdiction and improper venue, while also dismissing a co-defendant, Combs, due to improper service of process. Hooli also sought a default judgment against the remaining defendants and raised allegations of judicial bias. The district court denied these requests and closed the case. Hooli filed an appeal challenging the dismissal grounds, the denial of default judgment, and the judicial conduct, while also filing motions for appointment of counsel and to compel discovery in the appellate court.
The D.C. Circuit issued a per curiam judgment affirming the district court's dismissal. The court held that Hooli forfeited any challenge to the lack of personal jurisdiction because he did not address this specific ground in his opening brief. Citing U.S. ex rel. Totten v. Bombardier Corp., the court noted that arguments not made on appeal are deemed waived. Similarly, the court found that Hooli forfeited his challenge to the venue determination because he raised it for the first time in his reply brief. The court explained that absent extraordinary circumstances, it does not entertain arguments raised for the first time in a reply brief. Furthermore, the court clarified that Hooli's contention that venue was proper because the defendant's counsel had an office in the District of Columbia was legally erroneous, as the location of an attorney is not a valid basis for venue under 28 U.S.C. § 1391(b). Regarding the dismissal of the co-defendant Combs, the court found no error in the district court's conclusion that Hooli failed to comply with Federal Rule of Civil Procedure 4(e) regarding service of process. The court also rejected Hooli's claim for default judgment, noting he failed to show by affidavit or otherwise that the defendants failed to plead or defend. Finally, the court dismissed Hooli's allegations of judicial bias, citing Liteky v. United States, which establishes that judicial rulings alone almost never constitute a valid basis for a bias motion. The court also denied the motion for appointment of counsel, stating that appellants must demonstrate a sufficient likelihood of success on the merits to qualify for such appointment.
The dismissal of the underlying complaint stands, ending the litigation against the defendants in the District of Columbia. The decision reinforces the strict procedural requirement that appellants must raise all jurisdictional and venue challenges in their opening briefs to avoid waiver. It also clarifies that the physical location of an opposing party's counsel does not satisfy venue requirements. The denial of appointed counsel sets a precedent that civil appellants must show a strong likelihood of success on the merits to secure legal representation at public expense.
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