Smith v. Carl et al

Filing 5

MEMORANDUM & ORDER by Senior Judge Thomas B. Russell on 1/26/2014; transferring case to US District Court, Eastern Kentucky, Covingtoncc:counsel (KJA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT PADUCAH

DOMINIQUE DAYVEON SMITH
v.

PLAINTIFF
CIVIL ACTION NO. 5:14CV-P3-R

JAILER TERRY CARL et al.

DEFENDANTS

MEMORANDUM AND ORDER
Plaintiff Dominique Dayveon Smith filed a pro se civil-rights action pursuant to 42
U.S.C. § 1983. As there is no special venue statute for § 1983 civil-rights actions, 28 U.S.C.
§ 1391 controls. 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; 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.
Plaintiff brings suit against Kenton County Detention Center Defendants, and a
substantial part of the events set forth in the complaint allegedly occurred in the Kenton County
Detention Center. Kenton County is located in the Eastern District of Kentucky. See 28 U.S.C.
§ 97(a). Proper venue for this complaint, therefore, lies in that district.

Under 28 U.S.C. § 1406(a), “The 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 be TRANSFERRED to the United States
District Court for the Eastern District of Kentucky, Northern Division, at Covington for all
further proceedings. All future filings shall be filed in that court.
Date:

January 26, 2014

cc:

Plaintiff, pro se
Clerk, Eastern District of Kentucky
4413.005

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