BRISBON v. PRIEST et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
OMEAKO L. BRISBON, )
)
Plaintiff, )
)
v. ) 1:25CV1077
)
PAZARAR PRIEST, et al., )
)
Defendant(s). )
ORDER AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Plaintiff, a prisoner of the State of North Carolina, submitted a civil rights action
pursuant to 42 U.S.C. § 1983, together with an application to proceed in forma pauperis. Plaintiff
alleges that Defendants working at Columbus Correctional Institution violated his civil rights.
For the reasons explained below, this action should be transferred to the Eastern District of
North Carolina.
The statute for determining venue in the present case is 28 U.S.C. § 1391, which reads
in pertinent part:
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;
(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 action.
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28 U.S.C. § 1391(b).
Here, all named Defendants appear to be employed at Columbus Correctional
Institution, in the Eastern District of North Carolina, and it appears that the events or
omissions giving rise to the claims also occurred in that District. Thus, venue is not proper in
the Middle District, but is proper in the Eastern District of North Carolina. Moreover, the
Court has discretion to transfer this action to an appropriate district under 28 U.S.C. § 1404(a)
or 28 U.S.C. § 1406(a). See, e.g., Saudi v. Northrop Grumman Corp., 427 F.3d 271, 277 (4th
Cir. 2005); In re Carefirst of Maryland, Inc., 305 F.3d 253, 255–56 (4th Cir. 2002).
Accordingly, and in the interest of justice, this case should be transferred to the United States
District Court for the Eastern District of North Carolina for further proceedings.
In forma pauperis status is granted for the sole purpose of entering this Order and
Recommendation.
IT IS THEREFORE ORDERED that in forma pauperis status is granted for the sole
purpose of entering this Order and Recommendation.
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IT IS RECOMMENDED that this action be transferred to the United States District
Court for Eastern District of North Carolina.
This, the 9th day of December, 2025.
/s/ Joe L. Webster
United States Magistrate Judge
Case 1:25-cv-01077-TDS-JLW Document 3 Filed 12/09/25 Page 3 of 3