Duncan v. Iowa Medical and Classification Center
Filing
3
ORDER Transferring Case to the United States District Court for the Southern District of Iowa. Signed by Chief Judge Linda R Reade on 12/3/2014. (NEF/order mailed to Plaintiff) (pac)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION
CARL WILLIAM DUNCAN,
Plaintiff,
No. C14-0120-LRR
vs.
IOWA MEDICAL AND
CLASSIFICATION CENTER, STORY
COUNTY JAIL,
ORDER TRANSFERRING CASE
Defendants.
____________________________
This matter is before the court pursuant to the plaintiff’s complaint, application to
proceed in forma pauperis and application for appointment of counsel. The clerk’s office
received those documents on November 7, 2014.
The complaint is brought under 42 U.S.C. § 1983, and jurisdiction is predicated on
28 U.S.C. § 1343. The defendants are located in the Southern District of Iowa and the
events giving rise to the plaintiff’s claims arose in the Southern District of Iowa. Venue
in this district is not proper because the defendants are not located in the Northern District
of Iowa and the events giving rise to the plaintiff’s claims did not occur in the Northern
District of Iowa. See 28 U.S.C. § 1391. Nevertheless, venue is proper in the Southern
District of Iowa because the defendants are located in that district and the plaintiff’s claims
arose there. Id. In the interest of justice, this case shall be transferred forthwith to the
United States District Court for the Southern District of Iowa. See 28 U.S.C. § 1404(a);
28 U.S.C. § 1406(a). The clerk’s office shall file the complaint without the prepayment
of fees and costs for the purpose of transferring the case, retain a copy of the file and send
the entire file to the Southern District at Des Moines.
By this order, the court expresses no opinion as to whether the complaint is
frivolous within the meaning of 28 U.S.C. § 1915(e)(2) or 28 U.S.C. § 1915A(b) or
whether the plaintiff is entitled to in forma pauperis status or appointment of counsel.
IT IS THEREFORE ORDERED:
(1) The clerk’s office is directed to transfer this action to the United States District
Court for the Southern District of Iowa.
(2) The clerk’s office is directed to file the complaint without the prepayment of
fees and costs for the purpose of transferring the case, retain a copy of the file and
send the entire file to the Southern District at Des Moines.
DATED this 3rd day of December, 2014.
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