Opinion
Civil Action No. 05-cv-01850-OES.
November 16, 2005
ORDER OF TRANSFER
Plaintiff Jason Thomas Armstrong is a prisoner in the custody of the Colorado Department of Corrections who currently is incarcerated at the Four Mile Correctional Center in Cañon City, Colorado. He has submitted pro se an amended civil rights complaint pursuant to 42 U.S.C. § 1983 (Supp. 2005) and 28 U.S.C. § 1343(a)(3) (1993) challenging the conditions of his confinement. He has been granted leave to proceed without an initial partial filing fee pursuant to the federal in forma pauperis statute, 28 U.S.C. § 1915 (Supp. 2005).
The Court must construe the complaint liberally because Mr. Armstrong is a pro se litigant. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the Court should not act as a pro se litigant's advocate. See Hall, 935 F.2d at 1110. For the reasons stated below, the complaint and the action will be transferred to the United States District Court for the Eastern District of Louisiana (Eastern District of Louisiana).
Mr. Armstrong is suing Defendants located in Houma, Louisiana. Mr. Armstrong claims that the sheriff of the Terrebonne Parish and the medical contractor for the Terrebonne Parish Criminal Justice Complex denied him medical treatment for injuries and subjected him to unsafe conditions of confinement. These claims allegedly arose from his incarceration at the Terrebonne Parish Criminal Justice Complex in Houma.
Venue appears to be improper. Venue is proper only in a judicial district where the defendants reside or a substantial part of the events giving rise to the plaintiff's claims occurred. 28 U.S.C. § 1391(b) (Supp. 2005). Because all of the Defendants reside in Louisiana and the events giving rise to Plaintiff's claims occurred in Louisiana, venue is improper in this Court. Therefore, in the interest of justice, the Court will transfer this action to the district court in the Eastern District of Louisiana. See 28 U.S.C. § 1406(a) (1993). Accordingly, it is
ORDERED that the clerk of the Court transfer the instant amended complaint and action to the United States District Court for the Eastern District of Louisiana.