Morris v. McCallar et al

Filing 20

ORDER denying 18 & 19 Motions to Change Venue. Signed by Magistrate Judge Elizabeth Preston Deavers on 5/13/2011. (kjm1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

WILLIAM D. MORRIS,
Plaintiff,
Civil Action 2:10-cv-262
Judge Edmund A. Sargus, Jr.
Magistrate Judge E.A. Preston Deavers

v.

McCALLER, et al.,
Defendants.

ORDER
The Court DENIES Plaintiff’s Motions to Transfer Venue. (ECF Nos. 18 and 19.) In his
first Motion, Plaintiff asks the Court to transfer this action to a bankruptcy court in Texas. In his
second Motion, Plaintiff explains that he mistakenly asked for transfer to the bankruptcy court in
the first Motion. He then asks for transfer to the district court located in Beaumont, Texas. The
Court must deny Plaintiff’s Motions for Transfer because this action could not have been
brought in a Texas district court in the first instance. In this case, venue is governed by 28
U.S.C. § 1391(a), the venue statute that pertains to cases filed in federal court based on diversity
jurisdiction. Section 1391(a) provides as follows:
A civil action wherein jurisdiction is founded only on diversity of citizenship
may, except as otherwise provided by law, 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 is subject to
personal jurisdiction at the time the action is commenced, if there is no district in
which the action may otherwise be brought.

28 U.S.C. § 1391(a). Venue in Texas is improper under Section 1391 because “a substantial part
of the events or omissions giving rise to [Plaintiff’s] claim[s]” did not occur in Texas and no
Defendant resides in Texas. The Court, therefore, DENIES Plaintiff’s Motions.
IT IS SO ORDERED.

Date: May 13, 2011

/s/ Elizabeth A. Preston Deavers
Elizabeth A. Preston Deavers
United States Magistrate Judge

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