Sargent v. Fag et al

Filing 3

MEMORANDUM. Signed by Judge James K. Bredar on 1/3/2017. (c/m 1/4/17)(kr2, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
DWIGHT SARGENT, JR.

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Plaintiff

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v

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TIMOTHY FAG and
REV. LONG

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Civil Action No. JKB-16-4044

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Defendants
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MEMORANDUM
On December 19, 2016, plaintiff Dwight Sargent, Jr., a resident of Terre Haute, Indiana,
filed the above-entitled civil rights complaint along with a motion to proceed in forma pauperis.
Because he appears to be indigent, the motion shall be granted. For the reasons stated below, the
complaint must be dismissed.
Sargent, a self-represented plaintiff, alleges that on December 9, 2016, he was evicted
from the Conner Homeless Shelter by Reverend Long because he asked another resident why he
lied about Sargent. ECF 1 at p. 3. Sargent states that he explained to Long that he had no family
in Terre Haute to stay with, but Long made him leave despite the cold weather. Id. He seeks
unspecified compensatory damages for pain and suffering. Id.
Absent from the instant complaint is any basis for finding that proper venue lies in the
District of Maryland. All parties reside in Indiana and the alleged misconduct occurred in
Indiana. Under 28 U.S.C. ' 1391(b), a civil action that is not founded on diversity of citizenship
may be brought only in the judicial district where any of the defendants reside, if all defendants
reside in the same State or a judicial district in which a substantial part of the events or omissions
giving rise to the claim occurred, except as otherwise provided by law.

Where, as here, a complaint has been filed in the wrong venue, this court may either
transfer the case to the appropriate venue or dismiss the complaint. “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.” 28 U.S.C. § 1406(a). Given that Sargent alleges the events giving rise to suit
occurred on December 9, 2016, it is unlikely that dismissal without prejudice of this complaint
will prohibit him from pursuing his claim in the appropriate venue. This court makes no
judgment as to the merits of his claim.
A separate order follows.

January 3, 2017

___________/s/_________________
James K. Bredar
United States District Judge

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