Jones v. Wadley et al

Filing 2

MEMORANDUM AND ORDER: IT IS HEREBY 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). Signed by District Judge Catherine D. Perry on May 8, 2013. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RAFAEL A. JONES, SR.,
Plaintiff,
v.
UNKNOWN WADLEY, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

No. 4:13-CV-814-CDP

MEMORANDUM AND ORDER OF TRANSFER
This matter is before the Court upon its own motion. A review of the instant complaint
indicates that venue is improper in this district.1 Therefore, 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), a civil action may only 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.”

1

The Court notes that plaintiff initially attempted to file the complaint with the United States
Court of Appeals for the Eighth Circuit. The Eighth Circuit forwarded the complaint to this Court
on April 23, 2013.

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 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 8th day of May, 2013.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

-2-