Akecheta Morningstar v. Advanced Dental, PLLC and Garner Nichols Dental, PLLC

Summary

The report and recommendation addresses Plaintiff Akecheta Morningstar’s motion to transfer venue under 28 U.S.C. § 1406(a). The magistrate judge recommends transferring the Title VI dental-services action from the Western District of Tennessee to the Southern District of Mississippi because the defendants and alleged events are located in Mississippi.

Holdings

1. Venue was improper in the Western District of Tennessee because both defendants were residents of Mississippi and the alleged events giving rise to the claims occurred in Mississippi.
2. The magistrate judge recommended transferring the action to the Southern District of Mississippi because the case was filed in the wrong venue and could have been brought there.

Questions Presented

1. Whether venue was proper in the Western District of Tennessee under 28 U.S.C. § 1391(b).
2. Whether the case should be transferred to the Southern District of Mississippi under 28 U.S.C. § 1406(a) because it was filed in the wrong venue and could have been brought there.

Disposition

other