Jerry v. St Tammany Parish et al

Filing 3

ORDER; IT IS ORDERED THAT the matter is hereby TRANSFERRED to the USDC for the Eastern District of Louisiana Signed by Magistrate Judge Mildred E Methvin on 4/17/09. (crt,Davis, C)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION DAMON JOSEPH JERRY VS. SHERIFF OF ST. TAMMANY DOCKET NO. 6:09-cv-0611 SECTION P JUDGE DOHERTY MAGISTRATE JUDGE METHYIN ORDER On April 13, 2009, pro se plaintiff Damon Joseph Jerry, an inmate incarcerated at the St. Tammany Parish Jail, Covington, Louisiana, filed a civil rights complaint pursuant to 42 U.S.C. §1983. Plaintiff claimed that he was denied appropriate medical care at the St. Tammany Parish Jail and he sued the jail's medical staff and Dr. Englass. Section 1983 does not contain a venue provision; thus, venue is determined under the general venue provisions set forth in 28 U.S.C.

§ 1391. When, as here, a civil action is not

premised solely upon diversity jurisdiction, it may be brought only in (1) ajudicial district where any defendant resides, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought. 28 U.S.C.

§ 1391(b). Clearly,

venue is inappropriate in the Western District of Louisiana. However, since the defendants apparently reside in the Eastern District of Louisiana, and since the events or omissions giving rise to this claim occurred there, transfer to that district is appropriate. Therefore,

2 IT IS ORDERED THAT the matter is hereby TRANSFERRED to the United States District Court for the Eastern District of Louisiana. Signed at Lafayette, Louisiana, on April 17, 2009.

ildrcd E. Methvin United States Magistrate Judge 800 Lafayette St., Suite 3500 Lafayette Louisiana 7O5O~ [phone] (phone) 593 5155 (fax)