Allen v. Catholic Social Services et al

Filing 7

ORDER OF DISMISSAL WITHOUT PREJUDICE: IT IS ORDERED that this action is DISMISSED without prejudice to re-file the claims in the proper district. Signed by Judge Marsha J. Pechman. (TH) (cc: Plaintiff via U.S. Mail)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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LOIS ALLEN,
Plaintiff,

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CASE NO. C17-1451 MJP
ORDER OF DISMISSAL
WITHOUT PREJUDICE

v.
CATHOLIC SOCIAL SERVICES,
Defendant.

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Plaintiff, proceeding pro se and in forma pauperis, filed a 73-page complaint (Dkt. No. 3)

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and a Motion to Appoint Counsel. (Dkt. No. 4.) The Court has reviewed Plaintiff’s pleadings

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and concluded that her case cannot be litigated in this district.

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All of the conduct and conditions of which Plaintiff complains occurred in Anchorage.

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Therefore, her claims arose in the District of Alaska and not in the Western District of

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Washington. Accordingly, venue is proper in the District of Alaska and not here. See 28 U.S.C.

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ORDER OF DISMISSAL WITHOUT PREJUDICE - 1

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§ 1391(b) 1. When a case is filed in the wrong district, the district court "shall dismiss, or if it be

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in the interest of justice, transfer such case to any district or division in which it could have been

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brought." 28 U.S.C. § 1406(a). Plaintiff will not be prejudiced by dismissal of the instant

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complaint as there is nothing to prevent her from re-filing it in the District of Alaska. Therefore,

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IT IS ORDERED that the above-entitled matter is DISMISSED without prejudice to re-

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file the claims in the proper district.

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The clerk is ordered to provide copies of this order to Plaintiff.

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Dated October 19, 2017.

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A

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Marsha J. Pechman
United States District Judge

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Venue would also be proper in any district in which the defendant resides. See 28
U.S.C. § 1391(b). It appears that the Defendant resides in Alaska as well.

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ORDER OF DISMISSAL WITHOUT PREJUDICE - 2