Smith-El v. Whipple et al
Filing
3
MEMORANDUM AND ORDER OF TRANSFER: 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 Ronnie L. White on November 20, 2014. (BRP)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JAMES TYRONE SMITH-EL,
Plaintiff,
V.
DEAN WHIPPLE, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
No. 4:14-CV-1915-RLW
MEMORANDUM AND ORDER OF TRANSFER
This matter is before the Court upon its own motion. The Court will transfer this case to the
United States District Court for the Western District of Missouri.
The named defendants are located in the Western District of Missouri, and according to the
facts set forth in the complaint, most of the events giving rise to plaintiffs claims also 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 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 20th day of November, 2014.
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?