Williams v. South Central Correctional Center
Filing
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MEMORANDUM AND ORDER OF TRANSFER TO OTHER DISTRICT to: United States District Court for the Western District of Missouri. 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 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. § 406(b). Signed by District Judge Ronnie L. White on 6/13/2018. (CLO) [Transferred from moed on 6/15/2018.]
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JARED WILLIAMS,
Plaintiff,
V.
SOUTH CENTRAL CORR. CENTER,
Defendant.
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No. 4:18-CV-923 DDN
MEMORANDUM AND ORDER OF TRANSFER
This matter is before the Court on plaintiffs 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 alleging violations of his civil rights.
He claims that the conditions of confinement at South Central Correctional Center are in
violation of the Eighth Amendment and subject him to cruel and unusual punishment. The only
named defendant, the South Central Correctional Center, is 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), 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."
Because the sole 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 there.
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.
According! y,
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
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. § 406(b).
Dated thisdaay of June, 2018.
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RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE
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