Williams v. Russell et al
Filing
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2] 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). Signed by District Judge Stephen N. Limbaugh, Jr on 5/30/2013. (JMC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SAMUEL H. WILLIAMS,
Plaintiff,
v.
TERRY RUSSELL, et al.,
Defendants.
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No. 4:13-CV-0969-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. 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.1
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.”
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The Court notes that plaintiff names James Smith of St. Louis, Missouri, as a defendant.
However, the complaint does not contain any factual allegations relating to Smith.
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 [Doc. #2]
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 30th day of May, 2013.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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