Opinion
No. 4:13-CV-814-CDP
05-08-2013
RAFAEL A. JONES, SR., Plaintiff, v. UNKNOWN WADLEY, et al., Defendants.
MEMORANDUM AND ORDER OF TRANSFER
This matter is before the Court upon its own motion. A review of the instant complaint indicates that venue is improper in this district. Therefore, the Court will transfer this case to the United States District Court for the Western District of Missouri.
The Court notes that plaintiff initially attempted to file the complaint with the United States Court of Appeals for the Eighth Circuit. The Eighth Circuit forwarded the complaint to this Court on April 23, 2013.
Plaintiff brings this action under 42 U.S.C. § 1983. All of the named defendants are located in the Western District of Missouri, and all of the events described in the complaint occurred in the Western District of Missouri.
Under 28 U.S.C. § 1391(b), a civil action may only be brought in: "(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action."
Because the defendants are located in the Western District, and because the events that gave rise to this case occurred in the Western District, venue is proper in the Western District of Missouri.
Under 28 U.S.C. § 1406(a), "The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." Because plaintiff is proceeding pro se, the Court finds that it is in the interest of justice to transfer this case to the United States District Court for the Western District of Missouri.
Accordingly,
IT IS HEREBY ORDERED that the Clerk shall transfer this case to the United States District Court for the Western District of Missouri. See 28 U.S.C. § 1406(a).
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CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE