United States District Court, E.D. Louisiana
DERRICK B. PIERRE
LOCAL RULE POLICY MAKER FOR THE FIRST CIRCUIT COURT OF APPEAL
REPORT AND RECOMMENDATION
WELLS ROBY CHIEF UNITED STATES MAGNATE JUDGE
pro se plaintiff, Derrick B. Pierre
(“Pierre”), is incarcerated in the B.B.
“Sixty” Rayburn Correctional Center in Angie,
Louisiana. The plaintiff filed this lawsuit pursuant to 42
U.S.C. § 1983 against the defendant, the Local Rule
Policy Maker for the First Circuit Court of Appeal. Under a
broad reading, Pierre alleges that the policy and rules of
the Louisiana First Circuit Court of Appeal have resulted in
the denial of his constitutional rights to a complete appeal,
equal protection and due process. He also has moved for leave
to proceed in forma pauperis.
§ 1983 contains no specific venue provision, venue is
determined under the general venue provisions of 28 U.S.C.
§ 1391. See Jones v. Bales, 58 F.R.D. 453
(N.D.Ga. 1972), aff'd, 480 F.2d 805 (5th Cir.
1973). The general venue statute at § 1391(b) provides
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; (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) if there is no district in which an action
may otherwise be brought as provided in this section, any
judicial district in which any defendant is subject to the
court's personal jurisdiction with respect to such
provisions of 28 U.S.C. § 1406 allow a court to transfer
a case from a district in which venue is wrong to another
district or division in which venue is proper, if such
transfer is in the interest of justice. See Balawajder v.
Scott, 160 F.3d 1066, 1067 (5th Cir. 1998).
claims that the cause of action in this case arose from his
prosecution and direct appeal proceedings in East Baton Rouge
Parish, Louisiana, within the geographical boundaries of the
United States District Court for the Middle District of
Louisiana. 28 U.S.C. § 98(b). Pierre does not allege
that any defendant resides within this district or that a
defendant can be located within this district. The interest
of justice dictates that venue is proper in the Middle
District of Louisiana.
therefore RECOMMENDED that the instant
matter be TRANSFERRED to the United States
District Court for the Middle District of Louisiana.
further RECOMMENDED that plaintiff's
motion to proceed in forma pauperis (Rec. Doc. No.
2) is DEFERRED to the United States District
Court for the Middle District of Louisiana.
party's failure to file written objections to the
proposed findings, conclusions, and recommendation in a
magistrate judge's report and recommendation
within fourteen (14) days after being served
with a copy shall bar that party, except upon grounds of
plain error, from attacking on appeal the unobjected-to
proposed factual findings and legal conclusions accepted by
the district court, provided that the party has been served
with notice that such consequences will result from a failure
to object. Douglass v. United Servs. Auto. Ass'n
, 79 F.3d 1415, 1430 (5th Cir. 1996).