Feldmann v. Dane County Jail et al

Filing 3

ORDER Clerk shall transfer this case to USDC Western District of WI and close case. Signed by Judge Robert C. Jones on 3/25/15. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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v.
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DANE COUNTY JAIL et al.,
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Defendants.
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___________________________________ )

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I.

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STEVEN WAYNE FELDMANN,

3:15-cv-125-RCJ-WGC
TRANSFER ORDER

DISCUSSION

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Plaintiff, a pro se prisoner who is incarcerated in Wisconsin, has submitted an

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application to proceed in forma pauperis and a civil rights complaint pursuant to 42 U.S.C. §

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1983. (ECF No. 1, 1-1). Plaintiff sues various defendants for events that took place while

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Plaintiff was incarcerated at the Dane County Jail in Madison, Wisconsin. (ECF No. 1-1 at 1).

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All of the defendants reside in Wisconsin. (Id. at 2-3).

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Pursuant to 28 U.S.C. § 1391(b), a plaintiff may bring an action 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). Pursuant to 28 U.S.C. § 1406, if a case has been filed in the

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wrong district or division, the district court in which the case has been incorrectly filed may

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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).

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The Court finds that the District of Nevada is not the appropriate venue for this action
because the events occurred in Madison and the defendants reside in Madison. Madison is

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in the Western District of Wisconsin. The Court directs the Clerk of the Court to transfer this

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action to the United States District Court for the Western District of Wisconsin. This Court

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offers no opinion on the merits of this action or on the application to proceed in forma

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pauperis. The Clerk of the Court is directed to close the case in this Court.

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II.

CONCLUSION
For the foregoing reasons, IT IS ORDERED that the Clerk of the Court shall transfer

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this case to the United States District Court for the Western District of Wisconsin.
IT IS FURTHER ORDERED that the Clerk of the Court shall close the case in this

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Court.

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Dated: This 25th day day of March, 2015.
DATED: This _____ of March, 2015.

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_________________________________
United States District Judge

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