Gilbert v. Matevousian et al

Filing 5

ORDER ENTERED: The Clerk of the Court shall transfer this action to the United States District Court for the District of Colorado. Signed by U.S. Senior District Judge Sam A. Crow on 06/08/18. Mailed to pro se party Walter Lee Gilbert by regular mail. (smnd) [Transferred from Kansas on 6/8/2018.]

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
WALTER LEE GILBERT,
Plaintiff,
v.

CASE NO. 18-3130-SAC

ANDRE MATEVOUSIAN, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter is before the Court on a civil rights complaint filed under 28 U.S.C. § 1331
by a prisoner. Plaintiff has filed a motion to proceed in forma pauperis. Plaintiff is incarcerated
at the Florence – USP ADMAX in Florence, Colorado.
The complaint identifies the defendants as: Andre Matevousian, CEO-Warden of ADX
Complex; Amy Kelly, SIS Lieutenant, FCI-Florence; and the United States of America.
(Doc. 1.) The complaint alleges sexual assault by ADX staff.
Under 28 U.S.C. § 1391(b):
A civil action may be brought in –
(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 . . .
28 U.S.C. § 1391(b)(1)–(2).
Accordingly, venue is proper in Colorado 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 District of
Colorado.

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IT IS THEREFORE ORDERED BY THE COURT that the Clerk of Court shall
transfer this action to the United States District Court for the District of Colorado.
IT IS SO ORDERED.
Dated in Topeka, Kansas, on this 8th day of June, 2018.

s/ Sam A. Crow
SAM A. CROW
Senior U. S. District Judge

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