Opinion
Civil Action No. 02-1506 Section "E" (2)
May 20, 2002
ORDER AND REASON
Pro se plaintiff, Vincent Mark Castillo, filed the captioned lawsuit in forma pauperis pursuant to 42 U.S.C. § 1983 against Deputy Blake Butler, Warden Russell Butler, Sheriff Maxwell, Nurse Debra Cowan, and 18 named correctional officers at the Concordia Parish Correctional Facility in Ferriday, Louisiana. Plaintiff alleges that the defendants used excessive force against him, denied him adequate medical care and did not provide proper living conditions while he was housed in the Concordia Parish Correctional Facility. Record Doc. No. 1, Attachment to Complaint.
Castillo also names: Chief Moore; Chief Frazier; Lieutenants Byrne, Clark, Bruce, Robert, Smith, and Russell; Sergeants B. Hammers, Robertson, and McMillin; Deputies Whittington, Wilson, Creed, Mole, Man, Dolittle, and Lemoine.
Because 42 U.S.C. § 1983 contains no specific venue provision, venue is determined under 28 U.S.C. § 1391, also known as the general venue statute. Jones v. Bales, 58 F.R.D. 453 (N.D. Ga. 1972), aff'd, 480 F.2d 805 (5th Cir. 1973). Section 1391(b) provides in pertinent part:
A civil action wherein jurisdiction is not founded solely on diversity of citizenship may, except as otherwise provided by law, be brought only in (1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, . . ., or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought.
(emphasis added).
28 U.S.C. § 1406 (a) and 1404(a) allow transfer of a case from one district to another district or division in which venue is proper, if such transfer is in the interest of justice. For example, a magistrate judge's transfer of a prisoner's case to the district in which his claims allegedly arose has recently been held proper by the United States Court of Appeals for the Fifth Circuit. Balawajder v. Scott, 160 F.3d 1066, 1067 (5th Cir. 1999).
In the instant matter, plaintiff claims that his cause of action arose in Concordia Parish and the named defendants are the sheriff of Concordia Parish and the warden and other correctional officers at the Concordia Parish Correctional Facility, all of whom reside or are located in Concordia Parish, Louisiana, which is located within the geographical boundaries of the United States District Court for the Western District of Louisiana. 28 U.S.C. § 98 (b). No defendant resides or may be found within this district. All of the events that form the factual basis of plaintiff's cause of action occurred within Concordia Parish in the Western District of Louisiana. The interest of justice to all parties dictates that venue is proper in the Western District of Louisiana. A magistrate judge is authorized to transfer a prisoner's complaint to another district. Balawajder, 160 F.3d at 1067.
It is therefore ORDERED that the instant matter be TRANSFERRED to the United States District Court for the Western District of Louisiana.