McReynolds v. Sequoyah County Criminal Justice Authority et al

Filing 4

REPORT AND RECOMMENDATIONS recommending this case be transferred to the Eastern District of Oklahoma. The court will leave the issue of whether the defendants should be served, to be decided by the Eastern District of Oklahoma 3, filed by Plaintiff Bobby R. McReynolds, the Plaintiff has 10 days from receipt of the report and recommendations in which to file written objections. Objections to R&R due by 1/18/2007. Signed by Judge Beverly Stites Jones on December 29, 2006. (sh)

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McReynolds v. Sequoyah County Criminal Justice Authority et al Doc. 4 Case 2:06-cv-02209-JLH Document 4 Filed 12/29/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION BOBBY F. McREYNOLDS v. Civil No. 06-2209 SEQUOYAH COUNTY CRIMINAL JUSTICE AUTHORITY; CHRISTINE CALBERT, Jail Administrator; HANK SLAPE, Jail Operations Manager; et al. PLAINTIFF DEFENDANTS REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE Plaintiff filed this civil rights action under the provisions of 42 U.S.C. 1983. He proceeds pro se and in forma pauperis. The case is before the undersigned for a determination of whether the defendants should be served. The case concerns events that have occurred at the Sequoyah County Criminal Justice Authority located in Sallisaw, Oklahoma. Plaintiff is incarcerated at that facility and contends his civil rights are being violated by the conditions under which he is confined there or by the manner in which he is treated by the various named defendants. Under section 1391 (b) venue is proper in federal question cases in "(1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred ... or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought." 28 U.S.C. 1391(b). All the events at issue in this case occurred in Sallisaw, Oklahoma. All named defendants are employed by, or work at, the jail or Sequoyah County. This case has no -1 - AO72A (Rev. 8/82) Dockets.Justia.com Case 2:06-cv-02209-JLH Document 4 Filed 12/29/2006 Page 2 of 2 connection with Arkansas at all other than the fact the plaintiff mailed his complaint to the district clerk's office for filing here. We conclude venue is improper in this district. Under 28 U.S.C. 1406(a), this court may transfer this case to a district in which this case could have been brought. The case should have been brought in the Eastern District of Oklahoma as that is the district where the individual defendants reside and in which the events occurred. Therefore, it appears the interests of justice would best be served by transferring this case to the Eastern District of Oklahoma (Clerk's Office, 101 N. Fifth Street, Room 208, Muskogee, OK 74401). I therefore recommend that this case be transferred to the Eastern District of Oklahoma. 28 U.S.C. 1406(a). The court will leave the issue of whether the defendants should be served to be decided by the Eastern District of Oklahoma. McReynolds has ten days from receipt of the report and recommendation in which to file written objections pursuant to 28 U.S.C. 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. McReynolds is reminded that objections must be both timely and specific to trigger de novo review by the district court. DATED this 29th day of December 2006. /s/ Beverly Stites Jones UNITED STATES MAGISTRATE JUDGE -2 - AO72A (Rev. 8/82)

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