Faulkner v. Blue et al

Filing 4

MEMORANDUM AND OPINION: that this action is TRANSFERRED to USDC-Owensboro Division, for all further proceedings. See LR 3.1(b)(3). All further filings shall be made with that court. Signed by Judge Danny C. Reeves on 1/19/2012.(AKR)cc: Plaintiff & WDKY-Clerk via US Mail [Transferred from kyed on 1/20/2012.]

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
(at Frankfort)
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MARGEE FAULKNER,
Plaintiff,
V.
JOE BLUE, et al.,
Defendants.
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Civil Action No. 3: 12-02-DCR

MEMORANDUM ORDER

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Plaintiff Margee Faulkner, an individual presently confined in the Franklin County
Regional Jail, has filed a pro se complaint alleging violations of her civil rights. [Record No.
1] According to the Complaint, Faulkner was denied proper medical care at her previous place
of incarceration, the Hopkins County Jail. [Id., pp. 2-9] She names several Hopkins County Jail
officials as defendants. [Id., pp. 1-2]
Venue for civil rights actions is governed by 28 U.S.C. § 1391(b). That statute provides:
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; or (3) if there is no district in which an action may
otherwise be brought as provided in this section, any judicial district in which any
defendant is subject to the court’s personal jurisdiction with respect to such
action.
28 U.S.C. § 1391(b).

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Here, the acts giving rise to Faulkner’s claims are alleged to have occurred in Hopkins
County, which is located in the Western District of Kentucky. See 28 U.S.C. § 97(b).
Furthermore, the defendants are Hopkins County Jail officials who presumably reside within the
Western District of Kentucky. Therefore, the proper venue for this action is the Western District.
See 28 U.S.C. § 1391(b).
When a case is filed in the wrong district, the Court must either dismiss the action or, “if
it be in the interest of justice,” transfer the case “to any district or division in which it could have
been brought.” 28 U.S.C. § 1406(a). The Court finds that transfer of Faulkner’s case would be
in the interest of justice. Accordingly, it is hereby
ORDERED that this action is TRANSFERRED to the United States District Court for
the Western District of Kentucky, Owensboro Division, for all further proceedings. See LR
3.1(b)(3). All future filings shall be made with that court.
This 19th day of January, 2012.

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