BARNES v. SMITH et al

Filing 3

OPINION AND ORDER transferring this case to the United States District Court for the Eastern District of Virginia; Clerk of the Court shall CLOSE this matter. Signed by Judge Robert B. Kugler on 5/1/2020. (tf, n.m.)

Case 1:20-cv-03083-RBK-AMD Document 3 Filed 05/06/20 Page 1 of 2 PageID: 33

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
LORENZO BARNES,

Civil Action No. 20-3083 (RBK) (AMD)

Plaintiff,
v.

OPINION AND ORDER

COLONEL WILLIAM SMITH, et al.,
Defendants.

This matter comes before the Court by way of Plaintiff’s Complaint, asserting claims
pursuant 42 U.S.C. § 1983. Plaintiff, a federal prisoner, seeks to bring this civil action in forma
pauperis, without prepayment of fees or security.
Upon review, the Complaint relates only to incidents which occurred while Plaintiff was
incarcerated at the Western Tidewater Regional Jail, in Suffolk, Virginia.

Plaintiff names

employees of that jail as Defendants.
A civil action wherein jurisdiction does not rely solely on diversity of citizenship is
properly 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.”
28 U.S.C. § 1391(b). A court may transfer a case “[f]or the convenience of parties and
witnesses, in the interest of justice, . . . to any other district or division where it might have been

Case 1:20-cv-03083-RBK-AMD Document 3 Filed 05/06/20 Page 2 of 2 PageID: 34

brought.” 28 U.S.C. § 1404(a). A court may raise venue and issue a § l404(a) transfer order sua
sponte. See e.g., Arnica Mut. Ins. Co. v. Fogel, 656 F.3d 167 (3d Cir. 2011).
Here, it does not appear that any of the events or omissions giving rise to Plaintiff’s claims
occurred in New Jersey, nor does it appear that all of the Defendants reside in New Jersey. The
Court considers the allegations in the Complaint and finds that the interests of justice favor
transferring the action to the United States District Court for the Eastern District of Virginia, where
the Defendants appear to be located and where, based upon the allegations, it appears that all of
the events took place.
THEREFORE, it is on this 1st day of May 2020,
ORDERED that the Clerk of Court is directed to transfer this action the United States
District Court for the Eastern District of Virginia; and it is further
ORDERED that the Clerk of the Court shall serve a copy of this Memorandum Opinion
and Order upon Plaintiff by regular U.S. mail and CLOSE this matter.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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