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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 LOIS ALLEN, Plaintiff, 11 12 13 14 CASE NO. C17-1451 MJP ORDER OF DISMISSAL WITHOUT PREJUDICE v. CATHOLIC SOCIAL SERVICES, Defendant. 15 16 Plaintiff, proceeding pro se and in forma pauperis, filed a 73-page complaint (Dkt. No. 3) 17 and a Motion to Appoint Counsel. (Dkt. No. 4.) The Court has reviewed Plaintiff’s pleadings 18 and concluded that her case cannot be litigated in this district. 19 All of the conduct and conditions of which Plaintiff complains occurred in Anchorage. 20 Therefore, her claims arose in the District of Alaska and not in the Western District of 21 Washington. Accordingly, venue is proper in the District of Alaska and not here. See 28 U.S.C. 22 23 24 ORDER OF DISMISSAL WITHOUT PREJUDICE - 1 1 § 1391(b) 1. When a case is filed in the wrong district, the district court "shall dismiss, or if it be 2 in the interest of justice, transfer such case to any district or division in which it could have been 3 brought." 28 U.S.C. § 1406(a). Plaintiff will not be prejudiced by dismissal of the instant 4 complaint as there is nothing to prevent her from re-filing it in the District of Alaska. Therefore, 5 IT IS ORDERED that the above-entitled matter is DISMISSED without prejudice to re- 6 file the claims in the proper district. 7 8 The clerk is ordered to provide copies of this order to Plaintiff. 9 Dated October 19, 2017. 11 A 12 Marsha J. Pechman United States District Judge 10 13 14 15 16 17 18 19 20 21 22 23 1 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. 24 ORDER OF DISMISSAL WITHOUT PREJUDICE - 2

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