Bell et al v. State of Maryland, et al

Filing 6

Judge George A. OToole, Jr: ORDER entered. The Court transfers this action to the United States District Court for the District of Maryland. [Copy of order mailed to plaintiff at Shawn PO BOX 4163, c/o B.Bell, Springfield, MA 01101 on 10/14/2016.](PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 16-11608-GAO
SHAWN BELL,
Plaintiff,
v.
STATE OF MARYLAND,
Defendant.

ORDER
O’TOOLE, D.J.
Plaintiff Shawn Bell, appearing pro se brings this action against in which she alleges that
members of the Woodlawn, Maryland police force falsely arrested her, assaulted her, and failed
to return her vehicle and other belongings to her. The plaintiff, who states that she resides in
Boston, Massachusetts, invokes the Court’s jurisdiction under 28 U.S.C. § 1332 and identifies
the State of Maryland as the sole defendant. For the following reasons, the Court transfers this
action to the United States District Court for the District of Maryland.
Under 28 U.S.C. § 1391(b), 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). Bell asserts claims arising from events and proceedings that occurred in
Maryland. Because the defendant does not reside in this District and Shawn does not allege that
a substantial part of the events or omissions giving rise to her claims arose in this District, venue

is not proper in this Court under 28 U.S.C. § 1391(b). See, e.g., Aname v. Florida, 169 Fed.
Appx. 524, 528 (10th Cir. 2006) (upholding dismissal of lawsuit for improper venue; plaintiff
had brought suit in the District of New Mexico against the State of Florida and others for civil
rights violations stemming from his arrest, conviction and incarceration in Florida). The
plaintiff’s claims arose in Maryland. Accordingly, venue lies in the District of Maryland, see 28
U.S.C. § 1391(b), and the Court transfers this action to the United States District Court for the
District of Maryland, see 28 U.S.C. § 1406(a).
The Clerk of Court is directed to transfer this action to the United States District Court
for the District of Maryland. Whether Bell should be permitted to proceed further without
prepayment of fees and with pro bono counsel are determinations to be made by the transferee
court. A summons shall not issue from this Court. This order closes this case.

SO ORDERED.
10/14/2016
DATE

/s/ George A. O’Toole, Jr.
GEORGE A. O’TOOLE, JR.
UNITED STATES DISTRICT JUDGE

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