Washburn v. Bates County Jail

Filing 6

MEMORANDUM AND ORDER ENTERED: Plaintiff's motions to proceed in forma pauperis 2 & 4 are provisionally granted. The Clerk of the Court shall transfer this action to the United States District Court for the Western District of Missouri. Signed by U.S. Senior District Judge Sam A. Crow on 01/30/18. Mailed to pro se party Allen Dean Washburn by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

ALLEN DEAN WASHBURN,
Plaintiff,
v.

CASE NO. 18-3001-SAC

BATES COUNTY JAIL,
Defendant.

MEMORANDUM AND ORDER
This matter is before the court on a civil rights complaint filed
under 42 U.S.C. § 1983 by a prisoner. Plaintiff proceeds pro se and
seeks leave to proceed in forma pauperis.
The complaint identifies the defendants as “Bates County, Butler
Missouri County Jail Administration/Employees” (Doc. #1, p. 1). The
defendants are employed at a Missouri jail and the events giving rise
to plaintiff’s claims occurred there.
Under 28 U.S.C. § 1391(b):
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….
28 U.S.C. § 1391(b)(1)-(2).
Accordingly, venue is proper in Missouri under 28 U.S.C.
§1391(b). In fact, it appears that plaintiff intended to submit this
action to a federal court in Missouri, as the caption of the form

pleading he submitted is filled in to identify the “District of
Missouri”. Accordingly, the Court will direct the Clerk of the Court
to transfer this matter to the United States District Court for the
Western District of Missouri.
IT IS, THEREFORE, BY THE COURT ORDERED plaintiff’s motions to
proceed in forma pauperis (Docs. #2 and #4) are provisionally granted.
IT IS FURTHER ORDERED the Clerk of the Court shall transfer this
action to the United States District Court for the Western District
of Missouri.
IT IS SO ORDERED.
DATED:

This 30th day of January, 2018, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge