Simmons v. Moore et al, No. 6:2019cv00062 - Document 4 (E.D. Okla. 2019)
Court Description: OPINION AND ORDER by District Judge James H. Payne : The alleged events giving rise to Plaintiff's claims occurred in Delaware County. Because proper venue does not lie in this district, see 28 U.S.C. § 1391(b), Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE, pursuant to 28 U.S.C. § 1406(a).(case terminated) (acg, Deputy Clerk)
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Simmons v. Moore et al Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA SETH OREN SIMMONS a/k/a JASON McEVANS, Plaintiff, v. SHERIFF HARLAN MOORE and TERRY HIBBERT, Defendants. ) ) ) ) ) ) ) ) ) ) ) No. CIV 19-062-JHP-SPS OPINION AND ORDER On February 21, 2019, Plaintiff, a pro se prisoner who is incarcerated in the Benton County Jail in Bentonville, Arkansas, filed this action under the authority of 42 U.S.C. § 1983. He is seeking relief for constitutional violations which allegedly occurred at the Delaware County Jail in Jay, Oklahoma, in or around August 2018. The two defendants are Delaware County Sheriff Harlan Moore and Delaware County Jail Administrator Terry Hibbert. Upon review of Plaintiff’s complaint, it appears that proper venue does not lie in this district. The defendants are located in Delaware County, Oklahoma, which is located within the territorial jurisdiction of the Northern District of Oklahoma. Furthermore, the alleged events giving rise to Plaintiff’s claims occurred in Delaware County. Because proper venue does not lie in this district, see 28 U.S.C. § 1391(b), Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE, pursuant to 28 U.S.C. § 1406(a). IT IS SO ORDERED this 7th day of March, 2019. Dockets.Justia.com
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