Persechini v. Callaway et al

Filing 5

MEMORANDUM AND ORDER OF TRANSFER to: Western District of Missouri. IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis 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 StatesDistrict Court for the Western District of Missouri. Signed by Honorable Catherine D. Perry on June 23, 2009. (MCB)[Transferred from moed on 6/26/2009.]

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MICHAEL LOUIS PERSECHINI, Plaintiff, vs. L. CALLAWAY, et al., Defendants. ) ) ) ) ) ) ) ) )

No. 4:09CV00918 MLM

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, a prisoner at Southeast Correctional Center, brings this action under 42 U.S.C. § 1983. 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 where any defendant resides, if all defendants reside in the same State, (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) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought." Because the defendant is 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(b), "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 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(b). Dated this 23rd day of June, 2009.

UNITED STATES DISTRICT JUDGE

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