Wilson v. Warrensburg, Missouri City or County Police Officials

Filing 9

MEMORANDUM AND ORDER re: 6 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff James Wilson motion is provisionally GRANTED, ORDER OF TRANSFER TO OTHER DISTRICT to: Western District of Missouri. Signed by District Judge Stephen N. Limbaugh, Jr on 1/2/13. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JAMES WILSON,
Plaintiff,
v.
KEVIN CRAIG HUGHES, et al.,
Defendants.

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No. 1:12-CV-0182-SNLJ

MEMORANDUM AND ORDER OF TRANSFER
This matter is before the Court on plaintiff’s motion to proceed in forma pauperis. The motion
will be provisionally GRANTED. Additionally, the Court will transfer this case to the United States
District Court for the Western District of Missouri.
Plaintiff brings this action under 42 U.S.C. § 1983. All of the named defendants are located in
the Western District of Missouri, and all of the events described in the complaint occurred in the
Western District of Missouri.
Under 28 U.S.C. § 1391(b), an action of this type may “be brought only in (1) a judicial district
where any defendant resides, if all defendants reside in the same State, (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) a judicial district in which any defendant may
be found, if there is no district in which the action may otherwise be brought.”
Because the defendants are located in the Western District, and because the events that gave rise
to this case occurred in the Western District, venue is proper in the Western District of Missouri.
Under 28 U.S.C. § 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.” Because plaintiff is proceeding pro se, the

Court finds that it is in the interest of justice to transfer this case to the United States District Court for
the Western District of Missouri.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis is
provisionally GRANTED, subject to modification by the United States District Court for the Western
District of Missouri.
IT IS FURTHER ORDERED that the Clerk shall transfer this case to the United States
District Court for the Western District of Missouri. See 28 U.S.C. § 1406(a).
Dated this 2nd day of January, 2013.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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