Schaeffer v. Commonwealth of Kentucky et al

Filing 6

MEMORANDUM & ORDER by Chief Judge Thomas B. Russell on 9/20/2011: the instant action including the pending motion to proceed IFP shall be transferred to the United States District Court for Eastern District of Kentucky, Ashlandcc:counsel (KJA)[Transferred from kywd on 9/21/2011.]

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
RONALD GENE SCHAEFFER
v.

PLAINTIFF
CIVIL ACTION NO. 3:11CV-P516-R

COMMONWEALTH OF KENTUCKY et al.

DEFENDANTS

MEMORANDUM AND ORDER
Plaintiff Ronald Gene Schaeffer, an inmate at the East Kentucky Correctional
Complex (EKCC), filed a pro se complaint pursuant to 42 U.S.C. § 1983 against the
Commonwealth of Kentucky; Governor Steven L. Beshear; Kentucky Department of Corrections
Commissioner- LaDonna Thompson; EKCC Warden -Gary Beckstrom; EKCC Unit
Administrator Two-Donald Shawn McKenzie; and EKCC Unit Administrator One- Carla
Sparks. Seeking damages and injunctive relief, Plaintiff complains about incidents occurring at
EKCC.
There is no special venue statute for § 1983 civil rights actions. Therefore, 28 U.S.C.
§ 1391 controls. Under § 1391(b), civil actions not based solely on diversity of citizenship may
be brought 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 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) a judicial district in which any defendant may be
found, if there is no district in which the action may otherwise be brought.
The events set forth in the complaint allegedly occurred in EKCC, which is located in the
Eastern District of Kentucky. See 28 U.S.C. § 97(a). Additionally, Defendants are located in the
Eastern District of Kentucky. Therefore, proper venue for this complaint lies in that district.

Under 28 U.S.C. § 1406(a), “[t]he district court of a district in which is filed a case laying
venue in the wrong division or district shall dismiss, or if in the interest of justice, transfer such
case to any district or division in which it could have been brought.” In the interest of justice,
IT IS ORDERED that the instant action, including the pending motion to proceed in
forma pauperis, shall be TRANSFERRED to the United States District Court for the
Eastern District of Kentucky, Northern Division at Ashland pursuant to 28 U.S.C. § 1406(a)
and Joint Local Rule 3.1 for all further proceedings. All further filings shall be filed with that
court.
September 20, 2011

Date:

cc:

Plaintiff, pro se
Clerk, Eastern District of Kentucky
4413.008

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