Brodzki v. Cook County, Illinois
ORDER DISMISSING CASE, and denying the 1 MOTION for Leave to Proceed in forma pauperis filed by Anthony Brodzki as moot. Signed by Judge Brian S. Miller on 4/20/11. (kpr)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
Case No. 4:11-cv-00249-BSM
COOK COUNTY, ILLINOIS
Anthony Brodzki moves [Doc. No. 1] for leave to proceed in forma pauperis. Because
venue is improper in the Eastern District of Arkansas, the motion is DENIED as moot, and
the case is dismissed.
28 U.S.C. § 1391 provides that a civil action must be brought in a judicial district in
which the defendant resides, a district in which a substantial part of the events giving rise to
the claim occurred, or a district where the plaintiff resides if no real property is involved in
the action. Defendant is a county situated in the Northern District of Illinois. The events
giving rise to the action occurred in the Northern District of Illinois. Plaintiff is a resident of
North Richland Hills, Texas. Thus, it is clear that the Eastern District of Arkansas is in not
the proper venue.
Because of the plaintiff’s extensive history of frivolous filings both in this district and
elsewhere it is not in the interest of justice to transfer his case, pursuant to 28 U.S.C. §
1406(a), to a district or division in which it could have been brought. See, Brodzki v. United
States of America, et al., Case No. 4:11-CV-00248-BRW (filed March 22, 2011).
Additionally, because the Executive Committee of the Northern District of Illinois has barred
plaintiff from filing pro se without leave of the court, it would be inappropriate to transfer
his case to that venue and allow him to circumvent the Northern District’s order. Executive
Committee Order, In re Anthony J. Brodzki, Case No. 10C4591 (N.D. Ill. July 23, 2011).
IT IS SO ORDERED this 20th day of April, 2011.
UNITED STATES DISTRICT JUDGE
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