THORNTON v. 46TH JUDICIAL DISTRICT JUDGES et al
Filing
5
CLOSED TRANSFER to the Western District of Kentucky at Owensboro, Kentucky (See Order). Copy to plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 8/13/2012.(MAC)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
RICHARD B. THORNTON,
)
)
Plaintiff,
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vs.
)
)
46th JUDICIAL DISTRICT JUDGES, et al., )
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Defendants.
)
1:12-cv-1092-TWP-DKL
Order Transferring Action to Western District of Kentucky
The plaintiff has commenced a civil rights action against the Commonwealth
of Kentucky, several state court judges in Breckenridge County, Kentucky
(although spelled “Breckinridge” throughout the complaint, the proper spelling of
“Breckenridge” will be used in this Entry), an employee of the Breckenridge County
Circuit Court Clerk’s office, the Breckenridge County Sheriff, the Breckenridge
County Attorney, and a private attorney who does business in different counties in
Kentucky. The plaintiff alleges that such individuals are corrupt and have violated
his federally secured rights. He seeks injunctive and declaratory relief, to have
criminal charges brought against the defendants, and compensatory and punitive
damages.
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 acts the plaintiff
alleges in support of his claims took place in the Western District of Kentucky, and
the defendants are located within the Western District of Kentucky. Under these
circumstances, the proper venue for plaintiff's claims is the Western District of
Kentucky. 28 U.S.C. ' 97. 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."
Accordingly, the above action is now TRANSFERRED to the United States
District Court for the Western District of Kentucky at Owensboro, Kentucky.
IT IS SO ORDERED.
08/13/2012
Date: __________________
Distribution:
Richard B. Thornton
P. O. Box 164
Cannelton, IN 47520
________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana
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