IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
BOBBY F. McREYNOLDS
Civil No. 06-2209
SEQUOYAH COUNTY CRIMINAL
JUSTICE AUTHORITY; CHRISTINE
CALBERT, Jail Administrator;
HANK SLAPE, Jail Operations Manager;
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
Plaintiff filed this civil rights action under the provisions of 42 U.S.C. § 1983. He
proceeds pro se and in forma pauperis. The case is before the undersigned for a determination
of whether the defendants should be served.
The case concerns events that have occurred at the Sequoyah County Criminal Justice
Authority located in Sallisaw, Oklahoma. Plaintiff is incarcerated at that facility and contends
his civil rights are being violated by the conditions under which he is confined there or by the
manner in which he is treated by the various named defendants.
Under section 1391 (b) venue is proper in federal question cases 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 (3) a
judicial district in which any defendant may be found, if there is no district in which the action
may otherwise be brought.” 28 U.S.C. § 1391(b).
All the events at issue in this case occurred in Sallisaw, Oklahoma. All named
defendants are employed by, or work at, the jail or Sequoyah County. This case has no
Case 2:06-cv-02209-JLH Document 4 Filed 12/29/2006 Page 1 of 2
McReynolds v. Sequoyah County Criminal Justice Authority et al
connection with Arkansas at all other than the fact the plaintiff mailed his complaint to the
district clerk’s office for filing here.
We conclude venue is improper in this district. Under 28 U.S.C. § 1406(a), this court
may transfer this case to a district in which this case could have been brought. T