Tenison v. Harding et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
DAMEA TENISON,
Plaintiff,
v.
RANDY HARDING, et al.,
Defendants.
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) 	Case No. CIV-26-506-PRW
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ORDER
Before this Court is Plaintiff’s 	Motion for Appointment of Counsel (Dkt. 3) and
Motion to Checkout Transcripts/Discovery 	(Dkt. 4). On June 26, 2026, Magistrate Judge
Shon T. Erwin issued a Report and Recommendation 	(Dkt. 12) recommending 	that the
Court transfer the case to the Northern District of Oklahoma in the interest of justice and
allow that court to rule on Plaintiff’s Motions. Magistrate 	Judge Erwin determined that
venue is proper in that district because it is where the events and omissions giving rise to
Plaintiff’s claims occurred and it is where all Defendants are employed. On July 9, 2026,
Plaintiff filed a Response (Dkt. 13) to the Report and Recommendation, in which he stated
that he agreed that the case should be transferred to the Northen District of Oklahoma.
28 U.S.C. § 1404(a) provides that “a district court may transfer any civil action to
any other district…where 	it might have been brought” when doing so would be in the
interest of justice and “the convenience of parties and witnesses.” The Tenth Circuit has
held that “[a] court may sua sponte cure…venue defects by transferring a suit under” §
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1406(a) “when it is in the interests of justice.”1 Under 28 U.S.C. § 1391(b), venue is proper
in “a judicial district in which any defendant resides, if all defendants are residents of the
State in which the district is located,” or in a judicial district where “a substantial part of
the events or omissions giving rise to the claim occurred.” Plaintiff alleges that Defendants
committed certain violations of his constitutional rights while he was incarcerated at Dick
Connor Correctional Center in Hominy, Oklahoma, which is located in Osage County,
Oklahoma. 	Under 28 U.S.C. § 116(a), 	Osage County is in the Northern 	District of
Oklahoma. The Complaint also fails to establish that any Defendant resides in the Western
District 	of 	Oklahoma. 	For 	each 	Defendant, 	Plaintiff 	has 	provided 	their 	place 	of
employment, not their residence.2 Accordingly, venue is proper in the Northern 	District of
Oklahoma, not the Western District of Oklahoma, and it is in the interest of justice and the
convenience of the parties to transfer the case to the Northern District of Oklahoma.
Having reviewed 	the Report and Recommendation, 	the Court agrees with 	its
reasoning 	and 	conclusions. 	Accordingly, 	the 	Court 	ADOPTS 	the 	Report 	and
Recommendation (Dkt. 12). The Court directs the Clerk of Court to transfer this case to the
Northern District of Oklahoma.
1 Trujillo v. Williams, 465 F.3d 1210, 1222 (10th Cir. 2006).
2 Plaintiff provides the address of Dick Connelly Correctional Center for each Defendant
except Mark Knutson, for whom he provides the address of the Oklahoma Department of
Corrections headquarters.
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IT IS SO ORDERED this 14th day of October 2026.
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