PENALOZA v. WALTHERY
CLOSED TRANSFER to the United States District Court for the Middle District of Pennsylvania, at Scraton, Pennsylvania. Signed by Judge Richard L. Young on 03/07/2006. (DLS)
PENALOZA v. WALTHERY
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA VIRGILIO G. PENALOZA, Plaintiff, vs. OFFICER WALTHERY, Defendant. ) ) ) ) ) ) ) )
Order Transferring Action to the Middle District of Pennsylvania The plaintiff has commenced an action against a member of the staff at a federal prison in Pennsylvania, where the plaintiff was apparently formerly confined. The plaintiff, who is now confined within the Southern District of Indiana, alleges that the defendant mistreated him. The plaintiff seeks unspecified damages. He also seeks leave to proceed in forma pauperis. Under 28 U.S.C. § 1391(a), venue will lie in a diversity action "only in (1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the acts 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) a judicial district in which any defendant is subject to personal jurisdiction at the time the action is commenced, if there is no district in which the action may otherwise be brought." When venue is improper, the district court has the discretion to either dismiss the case or transfer it "in the interest of justice." 28 U.S.C. § 1406(a). Here, the acts the plaintiff alleges in support of his claim took place in the Middle District of Pennsylvania and at least according to the complaint the defendant is located within that District. Under these circumstances, the proper venue for plaintiff's action is the Middle District of Pennsylvania. Accordingly, and without ruling on the plaintiff's request to proceed in forma pauperis, the above action is now TRANSFERRED to the United States District Court for the Middle District of Pennsylvania, at Scranton, Pennsylvania. IT IS SO ORDERED.
_______________________________ RICHARD L. YOUNG, JUDGE United States District Court Southern District of Indiana
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Copies to: Virgilio G. Penaloza REG NO 25709-179 FCI P O Box 33 Terre Haute, IN 47808
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