Peel v. Ringler et al

Filing 2

ORDER TRANSFERRING CASE: The clerk's office is directed to transfer this action to the United States District Court for the Southern District of Iowa. 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 of Des Moines. Signed by Chief Judge Linda R Reade on 1/20/2015 (copy w/NEF mailed to Plt). (skm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION

LEONARD RAY PEEL,
Plaintiff,

No. C15-0009-LRR

vs.
JUSTIN RINGLER, HEATHER BERRY,
IOWA DEPARTMENT OF
CORRECTIONS,

ORDER TRANSFERRING CASE

Defendants.
____________________________
This matter is before the court pursuant to the plaintiff’s application to proceed in
forma pauperis and complaint. The clerk’s office received those documents on January
15, 2015.
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.
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 20th day of January, 2015.

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