Glasco v. Ward et al

Filing 3

ORDER: The plaintiff's application to proceed in forma pauperis is hereby GRANTED. However, process shall not issue at this time. The Clerk is directed to TRANSFER this case to the United States District Court for the Northern District of Alabama, Northeastern Division at Decatur, Alabama. It is so ORDERED. Signed by District Judge Kevin H. Sharp on 7/10/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

KEVIN B. GLASCO
Plaintiff,
v.
CHAD WARD, et al.
Defendants.

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No. 3:13-0656
Judge Sharp

ORDER

The Court has before it a pro se diversity complaint (Docket Entry No. 1) and an application
to proceed in forma pauperis (Docket Entry No. 2).
The plaintiff is a resident of Nashville. It appears from his application that he lacks sufficient
financial resources from which to pay for the costs of this action. Therefore, the plaintiff’s
application to proceed in forma pauperis is hereby GRANTED. 28 U.S.C. § 1915(a). However,
process shall not issue at this time.
The plaintiff brings this action against Chad Ward, Kenneth Ward, and Chad Ward, Inc.,
residents of Limestone County, Alabama.1 He claims that, on May 23, 2013, he was injured and his
vehicle was damaged by the defendants’ negligence. More specifically, the plaintiff claims that his
injuries and the damage to his vehicle were caused by materials flying off the back of a truck owned
by Chad Ward, Inc. The plaintiff alleges that this mishap took place on I-65 in Limestone County,

1

According to the Civil Cover Sheet, the plaintiff lists the defendants’ residence as
Limestone County, Alabama. However, in the body of the complaint, the plaintiff states that the
address for Chad Ward, Inc. is Falkville, Alabama, which is in Morgan County. Both Limestone
and Morgan Counties lie within the Northern District of Alabama. 28 U.S.C. § 81(a)(2).

Alabama.
Venue for a diversity lawsuit is governed by 28 U.S.C. § 1391(a). That provision requires
that this action 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.
According to the complaint, the defendants reside in Limestone County, Alabama. The
mishap also took place in Limestone County, Alabama. Thus, venue for the instant action is not
proper in this judicial district.
Accordingly, the Clerk is directed to TRANSFER this case to the United States District
Court for the Northern District of Alabama, Northeastern Division at Decatur, Alabama. 28 U.S.C.
§ 1406(a).
It is so ORDERED.

____________________________
Kevin H. Sharp
United States District Judge