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    CARTER v. LONERGAN, Esq. - Document No. 4

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    Justia.com
    CLOSED TRANSFER to the Central District of Illinois at Peoria IL and without acting on the pltfs request to proceed in forma pauperis cm Signed by Judge John Daniel Tinder on 3/20/06. (CBU, ) 1:2006cv00421 Indiana Southern District Court

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    CARTER v. LONERGAN, Esq. - Document No. 4

    Uploaded by

    Justia.com
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    CLOSED TRANSFER to the Central District of Illinois at Peoria IL and without acting on the pltfs request to proceed in forma pauperis cm Signed by Judge John Daniel Tinder on 3/20/06. (CBU, ) 1:2006cv00421 Indiana Southern District Court

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    CLOSED TRANSFER to the Central District of Illinois at Peoria IL and without acting on the pltfs request to proceed in forma pauperis cm Signed by Judge John Daniel Tinder on 3/20/06. (CBU, ) 1:2006cv00421 Indiana Southern District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    65 views2 pages

    CARTER v. LONERGAN, Esq. - Document No. 4

    Uploaded by

    Justia.com
    CLOSED TRANSFER to the Central District of Illinois at Peoria IL and without acting on the pltfs request to proceed in forma pauperis cm Signed by Judge John Daniel Tinder on 3/20/06. (CBU, ) 1:2006cv00421 Indiana Southern District Court

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    of 2

    CARTER v. LONERGAN, Esq. Doc.

    4
    Case 1:06-cv-00421-JDT-TAB Document 4 Filed 03/20/2006 Page 1 of 2

    UNITED STATES DISTRICT COURT


    SOUTHERN DISTRICT OF INDIANA

    ARTHUR CARTER, )
    )
    Plaintiff, )
    vs. ) 1:06-CV-421-JDT- TAB
    )
    JOHN LONERGAN, )
    )
    Defendant. )

    Order Transferring Action to the Central District of Illinois

    The plaintiff has commenced an action against the attorney who represented the
    plaintiff at various points in a criminal action in the Central District of Illinois in a proceeding
    docketed there as No. 1:01-cr-10041-MMM-1. The plaintiff seeks compensatory and
    punitive damages. He alleges that he is a citizen of the State of Indiana and that the
    defendant is a citizen of the State of Illinois. He claims that this court has subject matter
    jurisdiction over his claims by virtue of its diversity jurisdiction, conferred by 28 U.S.C. §
    1332(a)(1).

    Under 28 U.S.C. § 1391(a), venue will lie in a diversity action "only in (1) a judicial
    district where any defendant resides, if all defendants reside in the same State, (2) a
    judicial district in which a substantial part of the acts or omissions giving rise to the claim
    occurred, or a substantial part of property that is the subject of the action is situated, or (3)
    a judicial district in which any defendant is subject to personal jurisdiction at the time the
    action is commenced, if there is no district in which the action may otherwise be brought."
    When venue is improper, the district court has the discretion to either dismiss the case or
    transfer it "in the interest of justice." 28 U.S.C. § 1406(a).

    Here, the acts the plaintiff alleges in support of his claim took place in the Central
    District of Illinois and the defendant is located within that District. Under these
    circumstances, the proper venue for plaintiff's action is the Central District of Illinois.

    Accordingly, and without acting on the plaintiff’s request to proceed in forma


    pauperis, the above action is now TRANSFERRED to the United States District Court for
    the Central District of Illinois at Peoria, Illinois.

    IT IS SO ORDERED.

    _______________________________

    John Daniel Tinder, Judge


    Date: 03/20/2006 United States District Court

    Dockets.Justia.com
    Case 1:06-cv-00421-JDT-TAB Document 4 Filed 03/20/2006 Page 2 of 2

    Distribution:

    Arthur Carter
    Reg. No. 20541-424
    United States Penitentiary
    P.O. Box 12015
    Terre Haute, IN 47808

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