Lietzke v. County of Montgomery et al

Filing 2

ORDER TRANSFERRING CASE TO USDC MIDDLE DIST OF ALABAMA by Judge Ricardo S Martinez. (RS, )

Lietzke v. County of Montgomery et al

Doc. 2

Case 2:07-cv-01061-RSM

Document 2

Filed 07/18/2007

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01 02 03 04 05 06 07 08 BILL LIETZKE, 09 10 11 12 13 14 Plaintiff Bill Lietzke, appearing pro se, filed an application to proceed in forma pauperis UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) Plaintiff, ) ) v. ) ) COUNTY OF MONTGOMERY, et al., ) ) Defendants. ) ____________________________________ ) CASE NO. C07-1061-RSM

ORDER TRANSFERRING CASE

15 and a proposed 42 U.S.C. § 1983 civil rights complaint against the County of Montgomery in 16 Alabama, and two individual "County of Montgomery Defendants" ­ Reese McKinney and D.T. 17 Marshall. (Dkt. 1.) Plaintiff's allegations relate to his incarceration in psychiatric facilities in 18 Montgomery, Alabama. He asserts jurisdiction based on the existence of a federal question. 19 However, as discussed below, the Court finds a transfer in order due to improper venue. 20 Venue for actions not based solely on diversity of citizenship is determined by 28 U.S.C.

21 § 1391(b), which states: 22

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Dockets.Justia.com

Case 2:07-cv-01061-RSM

Document 2

Filed 07/18/2007

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A civil action wherein jurisdiction is not founded solely 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 may be found, if there is no district in which the action may otherwise be brought. Here, the named defendants ­ the County of

05 28 U.S.C. § 1391(b) (emphasis added).

06 Montgomery, McKinney, and Marshall ­ reside in the State of Alabama, not the State of 07 Washington. Furthermore, all of the events or omissions giving rise to the claims in plaintiff's 08 complaint occurred in Alabama, not Washington. Accordingly, venue is not proper in the United 09 States District Court for the Western District of Washington. 10 Title 28 U.S.C. § 1406(a) provides that "[t]he district court of a district in which is filed

11 a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of 12 justice, transfer such case to any district or division in which it could have been brought." Because 13 the defendants reside in Alabama, and because all of the acts or omissions giving rise to plaintiff's 14 claims occurred in Alabama, this action could have been brought in the United States District 15 Court for the Middle District of Alabama. The Court finds that a transfer to that court is in the 16 interest of justice. 17 For the reasons described above, the Court hereby ORDERS that this case be

18 TRANSFERRED to the United States District Court for the Middle District of Alabama. The 19 Clerk of Court is directed to TRANSFER this case pursuant to 28 U.S.C. § 1406(a) and is further 20 directed to send a copy of this Order to plaintiff and to the Honorable Mary Alice Theiler, United 21 / / / 22 / / /

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Case 2:07-cv-01061-RSM

Document 2

Filed 07/18/2007

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01 States Magistrate Judge. 02 03 04 05 06 07 08 Recommended for entry 09 this 16th day of July, 2007. 10 s/ Mary Alice Theiler United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 DATED this 17th day of July, 2007.

A

RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE

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