Malinda v. L'Burge Casino et al

Filing 4

MEMORANDUM & ORDER by Senior Judge Thomas B. Russell on 2/2/2013; transferring case to USDC WD/LAcc:counsel (KJA) [Transferred from Kentucky Western on 2/5/2013.]

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT PADUCAH
JIM MALINDA

PLAINTIFF

v.

CIVIL ACTION NO. 5:13CV-13-R

L’BURGE CASINO et al.

DEFENDANTS

MEMORANDUM AND ORDER
Plaintiff Jim Malinda, who lives in Nashville, Tennessee, filed a pro se civil action
against L’Burge Casino and the Calcasieu Parish District Attorney, both located in Louisiana.
He seeks compensation for the trauma and humiliation of being incarcerated.
Under 28 U.S.C. § 1391(a), 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.
Defendants are in Louisiana and a substantial portion of the events giving rise to the
claims raised in the complaint occurred in Louisiana. Calcasieu Parish is located in the Western
District of Louisiana. 28 U.S.C. § 98(c). Accordingly,
IT IS ORDERED that the instant action is TRANSFERRED to the United States
District Court for the Western District of Louisiana pursuant to 28 U.S.C. § 1406(a).1

1

Pursuant to § 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 it be in the interest of justice, transfer
such case to any district or division in which it could have been brought.”

All further filings shall be filed with that court.
Date:

February 2, 2013

cc:

Plaintiff, pro se
Clerk, U.S. District Court for the Western District of Louisiana
4413.005

2