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GIBSON v. SHARKEY TRANSPORTATION

United States District Court, N.D. Illinois, Eastern Division


November 1, 2004.

RODNEY GIBSON, Plaintiff,
v.
SHARKEY TRANSPORTATION, INC., et al., Defendants.

The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge

MEMORANDUM ORDER

Rodney Gibson ("Gibson") has filed a pro se Complaint of Employment Discrimination against Sharkey Transportation, Inc. and Shippers Rental Co., Inc., claiming that either or both (it is not clear which) discriminated against him based on his race. Because both defendants are located in Quincy, Illinois, it appears that this action should have been filed in the United States District Court for the Central District of Illinois pursuant to the venue provisions of 28 U.S.C. ยง 1391(b):*fn1

A civil action wherein jurisdiction is not founded solely on diversity of citizenship may, except as otherwise provided by law, be brought 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 events 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 may be found, if there is no district in which the action may otherwise be brought.
Accordingly, unless Gibson files in this Court's chambers on or before November 15, 2004 an explanation as to why his lawsuit qualifies for retention in this judicial district, this Court will transfer this action to the Central District pursuant to Section 1406.


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