Moore v. Bruce et al, No. 5:2022cv00469 - Document 2 (W.D. Okla. 2022)

Court Description: OPINION AND ORDER by District Judge Ronald A. White: Transferring case to the Western District of Oklahoma. (case terminated) (acg, Deputy Clerk) [Transferred from Oklahoma Eastern on 6/9/2022.]

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Moore v. Bruce et al Doc. 2 Case 5:22-cv-00469-HE Document 2 Filed 06/07/22 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA TIERRE MOORE, Plaintiff, v. SGT. BRUCE and UNKNOWN BLACK FEMALE BUS DRIVER, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. CIV 22-165-RAW OPINION AND ORDER On May 31, 2022, Plaintiff Tierre Moore, a pro se prisoner who is incarcerated at Forrest City Low Federal Correctional Institution in Forrest City, Arkansas, filed this civil rights complaint pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971) (Dkt. 1). The defendants are Sgt. Bruce of CoreCivic Cimarron Correctional Facility in Cushing, Oklahoma, and an Unknown Black Female Bus Driver, who Plaintiff claims is a federal transit officer and an agent of Oklahoma. Plaintiff alleges that on February 15, 2022, he and approximately 60 other detainees were being transported by bus from the federal detainees transit center at Cimarron Correctional Facility to an airport. During the trip, the bus allegedly hit an object, resulting in Plaintiff’s suffering whiplash. He claims he has not received medical treatment for his injuries. A civil action may be brought in-(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; [or] Dockets.Justia.com Case 5:22-cv-00469-HE Document 2 Filed 06/07/22 Page 2 of 2 (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, . . . . 28 U.S.C. § 1391(b)(1)-(2). Plaintiff alleges in the complaint that the defendants are located in Cushing, Oklahoma, which lies within the territorial jurisdiction of the Western District of Oklahoma. Therefore, the Court finds proper venue does not lie in this district, and the case should be transferred to the Western District. ACCORDINGLY, this action is TRANSFERRED in the interest of justice to the United States District Court for the Western District of Oklahoma. See 28 U.S.C. § 1406(a). IT IS SO ORDERED this 7th day of June 2022. _________________________________ HONORABLE RONALD A. WHITE UNITED STATES DISTRICT JUDGE EASTERN DISTRICT OF OKLAHOMA 2

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