Summary
The court transfers Tresean Tyrese Jones’s pro se 42 U.S.C. § 1983 action from the Eastern District of Louisiana to the Western District of Louisiana because the alleged events and defendants are located in Iberia Parish, which lies within the Western District. The court also defers notice concerning payment of the filing fee or submission of an in forma pauperis application to the receiving court.
Holdings
- The case should be transferred to the United States District Court for the Western District of Louisiana because the alleged events occurred there, the defendants were located there, and the interests of justice and fairness favored that district.
- Issuance of the deficiency notice and the subsequent determination of pauper status were deferred to the United States District Court for the Western District of Louisiana.
Questions Presented
- Whether the action should be transferred from the Eastern District of Louisiana to the Western District of Louisiana under the federal venue-transfer provisions.
- Whether issuance of a deficiency notice concerning payment of the filing fee or an application to proceed in forma pauperis should be deferred to the receiving court.
Disposition
other
Cases Cited (4)
- Jones v. Bales, 58 F.R.D. 453 (N.D. Ga. 1972), aff'd, 480 F.2d 805 (5th Cir. 1973)(followed)
- Balawajder v. Scott, 160 F.3d 1066 (5th Cir. 1998)(followed)
- In re Rolls Royce Corp., 775 F.3d 671 (5th Cir. 2014)(followed)
- Atlantic Marine Construction Co. v. United States District Court for the Western District of Texas, 571 U.S. 49, 62 n.6 (2013)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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