RUSHING v. ELKHART COUNTY et al

Filing 5

CLOSED TRANSFER to the Northern District of Indiana, South Bend Division. Signed by Judge Tanya Walton Pratt on 3/9/2018. (Copy mailed to Plaintiff) (MEJ) Modified on 3/9/2018 to update distribution (MEJ).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
MARK RUSHING,
Plaintiff,
v.
ELKHART COUNTY,
STATE OF INDIANA,
Defendants.

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No. 1:18-cv-00704-TWP-DML

Order Transferring Action to the Northern District of Indiana, South Bend Division
Plaintiff Mark Rushing filed a complaint alleging that Officers B. Bush and B. Fitzgerald,
of the Elkhart County Sheriff’s Department, improperly violated his rights by denying him access
to his court cases. All parties are currently located in Elkhart, Indiana, which is in the Northern
District of Indiana. 28 U.S.C. § 94.
In relation to proper venue, 28 U.S.C. § 1391(a) provides that “[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; or
(3) if there is no district in which an action may otherwise be brought as provided
in this section, any judicial district in which any defendant is subject to the court's
personal jurisdiction with respect to such action.”
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.”

Based on the foregoing, this action is transferred to the United States District Court for
the Northern District of Indiana, at South Bend.
Mr. Rushing’s motion for leave to proceed in forma pauperis, dkt. [3], remains pending for
disposition by the Northern District of Indiana. The clerk is directed to terminate the motion on
this docket.
IT IS SO ORDERED.

Date:

3/9/2018

Distribution:
MARK RUSHING
87355
ELKHART COUNTY JAIL
26861 CR 26
Elkhart, IN 46517