Beckwith v. Walker et al

Filing 5

MEMORANDUM. Signed by Judge Richard G. Andrews on 9/20/2018. (nms)

IN THE UNITED STATFS DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LAKIA A. BECKWITH ,
Plaintiff,
: Civil Act. No. 18-854-RGA

V.

PHYLLIS WALKER, et al. ,
Defendants.

MEMORANDUM
Plaintiff Lakia A. Beckwith , a resident of Chester, Pennsylvania , filed this action
on June 7, 2018

(0.1. 2).

proceed in forma pauperis.

She appears prose and has been granted leave to
The action is brought against the City of Chester,

Pennsylvania , and what appear to be several of its employees, and/or relatives of
Plaintiff.

(0 .1. 2) .

The Complaint is difficult to understand .

However, Plaintiff seems

to allege that on June 7, 2017 , "operation people" at the City of Chester kept following
Plaintiff and her family.

She alleges that different family members helped outsiders

and "they stole [Plaintiff's] child from school and gave [her] a look alike."

(0 .1. 2 at 4) .

Plaintiff needs her child back, the return of money taken from her bank account, and
her license to own the City of Chester.

(/d.) .

A civil action not founded solely on diversity of citizenship is properly 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; or (3) if there is no district in which

an action may otherwise be brought as provided in this section , any judicia l district in
which any defendant is subject to the court's personal jurisdiction with respect to such
action ."

28 U.S.C. § 1391 (b). The court may transfer a case "[f]or the convenience of

parties and witnesses , in the interest of justice, .. . to any other district or division where
it might have been brought. "

28 U.S.C . § 1404(a).

The Court may raise venue and

issue a Section 1404(a) transfer order sua sponte .

See, e.g., Amica Mut. Ins. Co. v.

Fogel, 656 F.3d 167, 171 (3d Cir. 2011) .
Here, it does not appear that any of the events or omissions giving rise to
Plaintiff's claims occurred in Delaware.

They occurred in Chester, Pennsylvania .

(D .I. 2 at 4) . The Court considers the allegations in the Complaint and finds the
interests of justice favor transferring the action to the United States District Court for the
Eastern of Pennsylvania , where Plaintiff resides , where all Defendants are located , and
where, based upon the allegations , it appears all the events took place .
For the above reasons , the Clerk of Court will be directed to transfer this action
to the United States District Court for the Eastern District of Pennsylvania
A separate order shall issue.

fJ/l,2018

Dated : September
Wilmington , Delaware