Afiz v. Jefferson City Correctional Center et al

Filing 2

MEMORANDUM AND ORDER OF TRANSFER: 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 Catherine D. Perry on July 18, 2014. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ABDUL AL-HAKEEM AFIZ,
Plaintiff,
v.
JEFFERSON CITY CORRECTIONAL
CENTER, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

No. 4:14-CV-01252-SPM

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. Therefore, the undersigned 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 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."
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 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 18th day of July, 2014.

__________________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

-2-