White v. Kelly et al

Filing 6

ORDER AND REASONS: IT IS ORDERED that the captioned matter be TRANSFERRED to the United States District Court for the Middle District of Louisiana.IT IS FURTHER ORDERED that determination of pauper status is DEFERRED to the United States District Court for the Middle District of Louisiana. Signed by Magistrate Judge Janis van Meerveld on 11/16/2017.(ajn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

ABRY L. WHITE

CIVIL ACTION

VERSUS

NO. 17-11088

DR. CLAY KELLY, ET AL.

SECTION: “B”(1)

ORDER AND REASONS
Plaintiff, Abry L. White, a state prisoner, filed the instant pro se and in forma pauperis
complaint against Dr. Clay Kelly and Dr. Katrina. In this lawsuit, plaintiff claims that, while he
was confined within the Eastern Louisiana Mental Health System in Jackson, Louisiana, the
defendants failed to protect him and accused him of faking his mental illness.
Federal law 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).
In the instant case, neither plaintiff nor either defendant is alleged to reside in the Eastern
District of Louisiana. Further, no part of the events or omissions giving rise to plaintiff’s claims
occurred within this district. However, all of those events or omissions occurred within the Eastern
Louisiana Mental Health System in the town of Jackson in East Feliciana Parish, Louisiana. East

Feliciana Parish lies within the geographical boundaries of the United States District Court for the
Middle District of Louisiana. 28 U.S.C. § 98(b).
Pursuant to 28 U.S.C. §§ 1404(a) and 1406(a), a district in which venue is wrong may
transfer a case to another district or division in which venue is proper, if such transfer is in the
interest of justice. Balawajder v. Scott, 160 F.3d 1066, 1067 (5th Cir. 1999). Because venue is
not proper in the Eastern District of Louisiana but would be proper in the Middle District of
Louisiana, the Court finds that it is in the interest of justice and fairness to the parties that this civil
action be transferred to the Middle District of Louisiana for further consideration.
Accordingly,
IT IS ORDERED that the captioned matter be TRANSFERRED to the United States
District Court for the Middle District of Louisiana.
IT IS FURTHER ORDERED that determination of pauper status is DEFERRED to the
United States District Court for the Middle District of Louisiana.
New Orleans, Louisiana, this sixteenth day of November, 2017.

__________________________________________
JANIS VAN MEERVELD
UNITED STATES MAGISTRATE JUDGE

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