Summary
The United States District Court for the Eastern District of Missouri dismisses without prejudice a pro se prisoner’s 42 U.S.C. § 1983 action against a correctional officer and investigator. The court concludes that venue is improper because the events occurred in the Western District of Missouri and declines to transfer the case because the plaintiff had not paid the filing fee or sought leave to proceed without prepayment of fees.
Holdings
- Venue was improper in the Eastern District of Missouri because the substantial events giving rise to Plaintiff's claims occurred in Webster County, which lies in the Western District of Missouri.
- The action should be dismissed without prejudice rather than transferred to the Western District of Missouri.
Questions Presented
- Whether venue was proper in the Eastern District of Missouri when the events underlying Plaintiff's § 1983 claims occurred at the Ozark Correctional Center in Webster County, within the Western District of Missouri.
- Whether the improperly venued action should be transferred under 28 U.S.C. § 1406(a) or dismissed without prejudice.
Disposition
dismissed
Cases Cited (3)
- Kelly v. Martin, 78 F.3d 597 (10th Cir. 1996) (table decision)(followed)
- Daker v. Bryson, 841 F. App'x 115, 124 (11th Cir. 2020) (per curiam)(followed)
- In re Complaint of Mike's, Inc., 317 F.3d 894, 898 (8th Cir. 2003)(applied by distinction)
Cited In (0)
No citing cases on record yet.
Court Document
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