DOBESKI v. PULASKI COUNTY et al

Filing 8

CLOSED TRANSFER to the United States District Court for the Northern District of Indiana at South Bend, Indiana. Signed by Judge Tanya Walton Pratt on 3/5/2012.(JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
RICHARD DOBESKI,
Plaintiff,
vs.
PULASKI COUNTY, and
LAPORTE COUNTY,
Defendants.

)
)
)
)
)
)
)
)
)
)

1:12-cv-138-TWP-TAB

Order Discussing Transferring
Action to Northern District of Indiana
Plaintiff Richard Dobeski is incarcerated in New Castle, Indiana. In this civil
rights complaint brought pursuant to 42 U.S.C. ' 1983, Dobeski names as
defendants Pulaski County, Indiana and LaPorte County, Indiana. Both counties lie
within the Northern District of Indiana. 28 U.S.C. ' 94. Dobeski alleges that the
defendants were in collusion to deny him his Fourth Amendment rights. He asks
the court to investigate his allegations. He has paid the filing fee.
When jurisdiction is not founded solely on diversity, venue is proper only in
the district in which (1) any defendant resides, if all of the defendants reside in the
same state, (2) 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) any defendant may be found, if there is no district in which the
action may otherwise be brought. 28 U.S.C. ' 1391(b). Here, the events giving rise
to the claim occurred, and the defendants can be found, in the Northern District of

Indiana. Another statute, 28 U.S.C. ' 1404, provides: "For the convenience of
parties and witnesses, in the interest of justice, a district court may transfer any
civil action to any other district or division where it might have been brought."
Under these circumstances, the better venue for the action is the Northern District
of Indiana.
Accordingly, the above action is now TRANSFERRED to the United States
District Court for the Northern District of Indiana at South Bend, Indiana.
IT IS SO ORDERED.

03/05/2012
Date: __________________

Distribution:
Richard Dobeski
DOC #190078

New Castle Correctional Facility
1000 Van Nuys Road
P.O. Box A
New Castle, IN 47362

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana