Opinion
CASE NO. 21-3081-SAC
03-18-2021
JEREMIAH E. BROWN, Plaintiff, v. CHRISTOPHER J. PAPINEAU, et al., Defendants.
MEMORANDUM AND ORDER
This matter is before the Court on a civil rights complaint filed under 42 U.S.C. § 1983 by a prisoner. Plaintiff has filed a motion for leave to proceed in forma pauperis. Plaintiff is incarcerated at the Morgan County Adult Detention Center in Versailles, MO.
The complaint identifies the defendants as: Christopher J. Papineau, Columbia, Missouri CPD-ATF-TFO; Bradley Overton, Columbia, Missouri CPD; and Michael Kile, Columbia, Missouri CPD. (Doc. 1.) Plaintiff's allegations in the complaint are based on a traffic stop by the Columbia Police Department that resulted in a search and seizure.
Under 28 U.S.C. § 1391(b):
A civil action may be brought in -28 U.S.C. § 1391(b)(1)-(2).
(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 . . .
Accordingly, venue is proper in Missouri under 28 U.S.C. § 1391(b). The Court directs the Clerk of the Court to transfer this matter to the United States District Court for the Western District of Missouri.
IT IS THEREFORE ORDERED BY THE COURT that the Clerk of Court shall transfer this action to the United States District Court for the Western District of Missouri.
IT IS SO ORDERED.
Dated March 18, 2021, in Topeka, Kansas.
s/ Sam A. Crow
SAM A. CROW
Senior U. S. District Judge