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CHAD WARD, et al.




No. 3:13-0656
Judge Sharp

The Court has before it a pro se diversity complaint (Docket Entry No. 1) and an application

to proceed in forma pauperis (Docket Entry No. 2).

The plaintiff is a resident of Nashville. It appears from his application that he lacks sufficient

financial resources from which to pay for the costs of this action. Therefore, the plaintiff’s

application to proceed in forma pauperis is hereby GRANTED. 28 U.S.C. § 1915(a). However,

process shall not issue at this time.

The plaintiff brings this action against Chad Ward, Kenneth Ward, and Chad Ward, Inc.,

residents of Limestone County, Alabama.1 He claims that, on May 23, 2013, he was injured and his

vehicle was damaged by the defendants’ negligence. More specifically, the plaintiff claims that his

injuries and the damage to his vehicle were caused by materials flying off the back of a truck owned

by Chad Ward, Inc. The plaintiff alleges that this mishap took place on I-65 in Limestone County,

1 According to the Civil Cover Sheet, the plaintiff lists the defendants’ residence as

Limestone County, Alabama. However, in the body of the complaint, the plaintiff states that the
address for Chad Ward, Inc. is Falkville, Alabama, which is in Morgan County. Both Limestone
and Morgan Counties lie within the Northern District of Alabama. 28 U.S.C. § 81(a)(2).

Case 3:13-cv-00656 Document 3 Filed 07/10/13 Page 1 of 2 PageID #: 13


Venue for a diversity lawsuit is governed by 28 U.S.C. § 1391(a). That provision requires

that this action 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 is subject to personal jurisdiction at the

time the action is commenced, if there is no district in which the action may otherwise be brought.

According to the complaint, the defendants reside in Limestone County, Alabama. The

mishap also took place in Limestone County, Alabama. Thus, venue for the instant action is not

proper in this judicial district.

Accordingly, the Clerk is directed to TRANSFER this case to the United States District

Court for the Northern District of Alabama, Northeastern Division at Decatur, Alabama. 28 U.S.C.

§ 1406(a).

It is so ORDERED.

Kevin H. Sharp
United States District Judge

Case 3:13-cv-00656 Document 3 Filed 07/10/13 Page 2 of 2 PageID #: 14