Henderson v. Toole et al

Filing 5

ORDERED that this case be transferred to the U.S. District Court for the Southern District of Georgia, Statesboro Division. FURTHER ORDERED that the Clerk of the Court shall close this case. Signed by Judge Robert C. Jones on 9/9/2014. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KEITH HENDERSON,

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Plaintiff,
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v.
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ROBERT TOOLE et al.,
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Defendants.
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___________________________________ )

3:14-cv-298-RCJ-WGC
TRANSFER ORDER

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I.

DISCUSSION

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Plaintiff, a prisoner in the custody of the Georgia Department of Corrections, has
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submitted a 42 U.S.C. § 1983 civil rights complaint and has filed an application to proceed in
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forma pauperis. (ECF No. 4, 4-1).
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In the complaint, Plaintiff sues multiple defendants for events that took place at the
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Georgia State Prison in Reidsville, Georgia, in Tattnall County. (ECF No. 4-1 at 1). Plaintiff
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sues Defendants Robert Toole at the Georgia State Prison; the Honorable Bishop in Blakely,
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Georgia; Jose Morales at the Johnson State Prison in Wrightsville, Georgia; Sheila Oubreet
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at the Baldwin State Prison in Milledgeville, Georgia; and Jaccobs Claytantrun at the Hay State
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Prison in Georgia. (Id. at 2-3). Plaintiff sues defendants for various events that took place
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within the different Georgia prisons. (See id. at 4-6).
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Pursuant to 28 U.S.C. § 1391(b), a civil action may be brought in:
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(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.

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28 U.S.C. § 1391(b)(1)-(3).

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The Court finds that Plaintiff may not file this civil rights action in the U.S. District Court

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for the District of Nevada. Based on the complaint, no defendants reside in Nevada and no

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events took place in Nevada. Instead, all of the defendants and all of the alleged events take

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place in Georgia.

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Pursuant to 28 U.S.C. § 1406, “[t]he district court of a district in which is filed a case

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laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice,

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transfer such case to any district or division in which it could have been brought.” 28 U.S.C.

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§ 1406(a). The Court now orders that this case be transferred to the U.S. District Court for the

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Southern District of Georgia, Statesboro Division.

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that this case be transferred to the U.S.

District Court for the Southern District of Georgia, Statesboro Division.
IT IS FURTHER ORDERED that the Clerk of the Court shall close this case.

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DATED: This _____ day September,2014.
9th
9th day of of August, 2014.

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_________________________________
United States District Judge

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