Opinion
21-6095
08-25-2021
WADE LAY, Plaintiff - Appellant, v. AMERICAN CIVIL LIBERTIES UNION OF OKLAHOMA; OKLAHOMA DEPARTMENT OF CORRECTIONS; SCOTT CROW; MR. FARRIS, Warden at O.S.P.; MISS. GREEN; MR. KIRBY; OFFICER HOOD; OFFICER DEBINDER; LT. DIXON, Defendants - Appellees.
(D.C. No. 5:21-CV-00605-J) (W.D. Okla.)
Before BACHARACH, MORITZ, and CARSON, Circuit Judges
ORDER
Pro se Plaintiff Wade Lay seeks to appeal the district court's July 15, 2021 order that transferred Mr. Lay's 42 U.S.C. § 1983 action and all pending motions from the United States District Court for the Western District of Oklahoma to the United States District Court for the Eastern District of Oklahoma following its finding that venue for the action lies in the Eastern District of Oklahoma pursuant to 28 U.S.C. § 1391(b) (venue) and 28 U.S.C. § 116(b) (Oklahoma counties within Eastern District). We raise sua sponte the question of appellate jurisdiction over this appeal.
This court has jurisdiction to review a final decision of the district court. See 28 U.S.C. § 1291. An order transferring a case for venue is interlocutory and not immediately appealable under § 1291. See Chrysler Credit Corp. v. Country Chrysler, Inc., 928 F.2d 1509, 1517 n.7 (10th Cir. 1991); see also In re Dalton, 733 F.2d 710, 714-715 (10th Cir. 1984) (transfer of venue orders involve the designation of the forum and do not end the litigation, and thus are not final decisions under § 1291); F.D.I. C v. McGlamery, 74F.3d2l8, 221 (10th Cir. 1996) (transfer orders are not immediately appealable under the collateral order doctrine as party may effectively seek review on appeal after final judgment).
Accordingly, we dismiss this appeal for lack of appellate jurisdiction.
APPEAL DISMISSED