Mack v. Menasha Packaging

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis is provisionally granted, subject to modification by the United States District Court for the Southern District of Illinois. [ECF No. 2 ] IT IS FURTHER ORDERED that the Clerk of Court shall TRANSFER this case to the United States District Court for the Southern District of Illinois. See 28 U.S.C. § 1406(a). Signed by District Judge Ronnie L. White on 05/08/2018. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CORRINE MACK,

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Plaintiff,
v.
MENASHA PACKAGING,
Defendant.

No. 4:18-CV-708 NCC

MEMORANDUM AND ORDER OF TRANSFER
This matter is before the Court upon review of the employment discrimination complaint
filed by plaintiff Corrine Mack and plaintiffs motion to proceed in forma pauperis.
to proceed in forma pauperis will be provisionally granted.

The motion

Additionally, the Court will transfer

this case to the United States District Court for the Southern District of Illinois.
Plaintiff brings this case against her former employer Menasha Packaging, located in
Edwardsville, Illinois.

Although plaintiff checked that this employment discrimination lawsuit

is based on the American with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.,
plaintiff has alleged no disability.
employee, and then fired.

Rather, she alleges she was sexually harassed by a fellow

Plaintiffs case is properly characterized an employment

discrimination lawsuit based on Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.
§§ 2000e, et seq., for employment discrimination on the basis of gender.

1

Claims arising under Title VII are strictly governed by the specific venue provision in 42
U.S.C. § 2000e-5(f)(3).
1

Section 2000e-5(f)(3) provides that Title VII claims may properly be

"If the essence of an allegation is discernible ... then the district court should construe the
complaint in a way that permits the layperson's claim to be considered within the proper legal
framework." Solomon v. Petray, 795 F.3d 777, 787 (8th Cir. 2015) (quotations and citation
omitted).

brought in any judicial district in which:

(1) "the unlawful employment practice is alleged to

have been committed," (2) "the employment records relevant to such practice are maintained and
administered," or (3) "the aggrieved person would have worked but for the alleged unlawful
employment practice."

42 U.S.C. § 2000e-(f)(3).

Under these requirements, venue is proper

in the judicial district where defendant Menasha Packaging is located, which is in the Southern
District of Illinois.
Under 28 U.S.C. § 1406(a), "[t]he 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."

Here, the Court

concludes that it is in the interest of justice to transfer this case to the United States District Court
for the Southern District of Illinois.

In addition, in light of all of the circumstances, the Court

believes it best if the transferee district address plaintiffs motion for appointment of counsel.
Accordingly,

IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis is
provisionally granted, subject to modification by the United States District Court for the
Southern District of Illinois.

[ECF No. 2]

IT IS FURTHER ORDERED that the Clerk of Court shall TRANSFER this case to the
United States District Court for the Southern District of Illinois.

See 28 U.S.C. § 1406(a).

Dated this "Z!!-<lay of May, 2018.

Yion~~
RONNIE L. WHITE
UNITED ST ATES DISTRICT JUDGE

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