opinions are not b Cir. 1997) (<HOLDING>). Accordingly, we affirm the district court’s
holding that a motion to dismiss based on a forumselection clause should be treated as a rule 12b3 motion to dismiss for improper venue recognizing that district courts should resolve issues related to jurisdiction or venue prior to ruling on a motion to dismiss for failure to state a claim recognizing that a district court may sua sponte dismiss a complaint for failure to serve after notice to the plaintiff recognizing that district court may dismiss action despite improper venue where complaint patently failed to state viable claim holding that a forumselection clause may be enforced under rule 12b3 as a motion to dismiss on the basis of improper venue