Baptiste v. Johnson, et al

Filing 4

REPORT AND RECOMMENDATIONS that matter be TRANSFERRED to the Western District of Louisiana re 1 Complaint filed by Dordly Baptiste. Objections to R&R due by 9/28/2009. Signed by Magistrate Judge Alma L. Chasez on 9/14/09.(dno, )[Transferred from Louisiana Eastern on 10/6/2009.]

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA DORDLY BAPTISTE VERSUS LASALLE GEO DETENTION OFFICERS, JOHNSON, WARNER, DAVIS REPORT AND RECOMMENDATION This matter was referred to the undersigned United States Magistrate Judge to conduct a hearing, including an Evidentiary Hearing, if necessary, and to submit proposed findings and recommendations for disposition pursuant to Title 28 U.S.C. 636(b) and (c), 1915e(2), and 1915A, and as applicable, Title 42 U.S.C. 1997e(c)(1) and(2). Upon review of the entire record, the Court has determined that this matter can be disposed of without an Evidentiary Hearing. I. Factual Summary The plaintiff, Dordly Baptiste, is currently housed in the Orange County Jail in Goshen, New York. The plaintiff submitted this pro se and in forma pauperis1 civil rights complaint pursuant to Title 42 U.S.C. 1983 against defendants, LaSalle Detention Facilty in Jena, Louisiana, and several CIVIL ACTION NO. 09-6141 SECTION "J"(5) The Court directed the Clerk by separate Order to file this complaint without prepayment of a filing fee. The application for pauper status is deferred to the Western District of Louisiana for determination and collection under Title 28 U.S.C. 1915. 1 detention officers at the facility. Plaintiff complains of unlawful detention, inadequate medical care, harassment and discriminatory treatment during the time he was held at this facility. (Rec. Doc. No. 1, Complaint). He seeks monetary compensation. II. The General Venue Statute Title 42 U.S.C. 1983 does not contain a specific venue provision. Venue is determined under Title 28 U.S.C. 1391. See Jones v. Bales, 58 F.R.D. 453 (N.D. Ga. 1972), aff'd, 480 F.2d 805 (5th Cir. 1973). Section 1391(b) provides that a civil action wherein jurisdiction is not founded solely on diversity of citizenship may, except as otherwise provided by law, be brought only in a judicial district where (1) any defendant resides, if all defendants reside in the same State, (2) a substantial part of the events or omissions giving rise to the claim occurred, or (3) any defendant may be found, if there is no district in which the action may otherwise be brought. Pursuant to Title 28 U.S.C. 1406(a) and 1404(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). Having reviewed the record, the Court finds that venue in the Eastern District of Louisiana is improper. III. Proper Venue Plaintiff alleges a cause of action arising from events occurring in the LaSalle Detention Facility in Jena, Louisiana, which is located in LaSalle Parish. The named defendants also may be found there as well. LaSalle Parish is located within the boundaries of the Western District of Louisiana. Title 28 U.S.C. 98(c). Plaintiff does not allege any legal or factual basis to maintain venue in the Eastern District of Louisiana. Therefore, the Court finds that it is in the interest of 2 justice and fairness to the parties that this civil action be transferred to the Western District of Louisiana for further consideration. V. Recommendation It is therefore RECOMMENDED that the captioned matter be TRANSFERRED to the United States District Court for the Western District of Louisiana. A party's failure to file written objections to the proposed findings, conclusions, and recommendation in a magistrate judge's report and recommendation within ten (10) days after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court, provided that the party has been served with notice that such consequences will result from a failure to object. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996). Hello This is a Test New Orleans, Louisiana, this __________ day of __________________________, 2009. 14th September ____________________________________ ALMA L. CHASEZ UNITED STATES MAGISTRATE JUDGE 3

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