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CARILLO v. DARDEN

February 6, 1998

FELICIA CARILLO, Plaintiff,
v.
CAPTAIN JAMES DARDEN, et al., Defendants.



The opinion of the court was delivered by: ALESIA

 I. BACKGROUND

 Plaintiff Felicia Carillo has filed a one-count complaint against defendants James Darden, Robert Hoffmeyer (identified in the complaint as "Sergeant Hoffmeier"), and Joe Ruddy (identified in the complaint as "Sergeant Ruddy"). In her complaint, Carillo alleges that on October 12, 1995, while she was an inmate at the Dwight Correctional Center, defendants used unreasonable and unnecessary force against her in violation of 42 U.S.C. §§ 1983, 1985(3), and 1988. This court has subject matter jurisdiction over the case pursuant to 28 U.S.C. §§ 1331 and 1343.

 Defendants Hoffmeyer and Ruddy have filed a motion to dismiss the case pursuant to Federal Rule of Civil Procedure 12(b)(3) or to transfer the case pursuant to 28 U.S.C. § 1406. In the event that the court finds that the Northern District of Illinois, Eastern Division ("the Northern District") is a proper venue, defendants ask the court to transfer the case to the United States District court for the Central District of Illinois ("the Central District") pursuant to 28 U.S.C. § 1404(a).

 II. DISCUSSION

 A. Defendants' motion to dismiss or transfer because venue is improper

 Defendants first move to dismiss the case for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3). Venue in this case is governed by 28 U.S.C. § 1391(b). In pertinent part, § 1391(b) provides that venue is proper in "a judicial district where any defendant resides, if all defendants reside in the same State." 28 U.S.C. § 1391(b)(1).

 In this case, all defendants reside in Illinois. Defendants Hoffmeyer and Ruddy reside in Livingston County, Illinois, which is located in the Central District. 28 U.S.C. § 93(b). Defendant Darden resides in Cook County, Illinois, which is located in the Northern District. § 93(a)(1). Thus, the Northern District is a proper venue in this case. Consequently, the court (1) denies defendants' motion to dismiss for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3) and (2) denies defendants' motion to transfer pursuant to 28 U.S.C. § 1406.

 B. Defendants' motion to transfer pursuant to 28 U.S.C. § 1404(a)

 In the event that the court finds the Northern District to be a proper venue, defendants ask this court to transfer the case to the Central District pursuant to 28 U.S.C. § 1404(a). Section § 1404(a), which governs the transfer of an action from one federal district court to another, provides: "For the convenience of the parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought." 28 U.S.C. § 1404(a). A transfer under § 1404(a) is appropriate if: (1) venue is proper in both the transferor and transferee court; (2) transfer is for the convenience of the parties and witnesses; and (3) transfer is in the interest of justice. Vandeveld v. Christoph, 877 F. Supp. 1160, 1167 (N.D. Ill. 1995). The determination of whether a case should be transferred pursuant to § 1404(a) is committed to the sound discretion of the trial court. Heller Fin., Inc. v. Midwhey Powder Co., 883 F.2d 1286, 1293 (7th Cir. 1989); Coffey v. Van Dorn Iron Works, 796 F.2d 217, 219 (7th Cir. 1986).

 1. Proper venue

 In this case, venue is proper in the transferor court as defendant Darden is a resident of the Northern District. 28 U.S.C. § 1391(b)(1). Venue is proper in transferee court as defendants ...


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