Rivadeneira v. Department of Defense et al

Filing 2

ORDER dismissing without prejudice Plaintiff's 1 complaint; and certifying that an in forma pauperis appeal taken from the Order and Judgment dismissing this action is considered frivolous and not in good faith. Defendants do not appear to be residents of this district, it does not appear that the events at issue occurred here, and the Court cannot determine from the complaint which district might be appropriate. Accordingly, a transfer would not be in the interest of justice. Signed by Judge James M. Moody Jr. on 5/25/2016. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION
FELIX GUZMAN RIVADENEIRA

V.

PLAINTIFF

4:15CV00344 JM

DEPARTMENT OF DEFENSE, et al

DEFENDANTS
ORDER

Plaintiff Felix Guzman Rivadeneira, an inmate at the McHenry County Jail in Woodstock,
Illinois, has submitted this 42 U.S.C. § 1983 case for filing in this district. However, from the facts
alleged and the Defendants named, it appears that venue here is improper 28 U.S.C. §1391(b).
Defendants do not appear to be residents of this district, it does not appear that the events at issue
occurred here, and the Court cannot determine from the complaint which district might be
appropriate. Accordingly, a transfer would not be in the interest of justice, and the Court concludes
that the case should be dismissed. 28 U.S.C. § 1406(a).
IT IS THEREFORE ORDERED THAT:
1.

The Court dismisses without prejudice Plaintiff's complaint.

2.

The Court certifies that an in forma pauperis appeal taken from the Order and

Judgment dismissing this action is considered frivolous and not in good faith.
DATED this 25th day of May, 2016.

UNITED STATES DISTRICT JUDGE