Reyes v. United States of America

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
IVAN REYES,
Plaintiff,
v. 	Case No. 2:26-cv-00113
UNITED STATES OF AMERICA,
Defendant.
ORDER TRANSFERRING CASE
This matter is assigned to the Honorable Joseph R. Goodwin, United States
District Judge, and it is referred to the undersigned United States Magistrate Judge for
initial 	review 	and 	submission 	of 	proposed 	findings 	and 	a 	recommendation 	for
disposition pursuant to 28 U.S.C. § 636(b). 	Pending before the court is Plaintiff’s
Complaint (ECF No. 1), alleging that Defendant failed to protect him from an inmate
attack at FCI Gilmer in Glenville, West Virginia. Thus, “a substantial part of the events
or omissions giving rise to the claim” occurred in Glenville, West Virginia, which is
located within the Northern District of West Virginia. 	Accordingly, the United States
District Court for the Northern District of West Virginia, is a proper venue with
jurisdiction over Plaintiff’s claims, as that is where the cause of action arose. 	See 28
U.S.C. § 1402(b).
Section 1406(a) of Title 28 of the United States Code provides as follows:
The district court of a district in which is filed a case laying in the wrong
division or district shall dismiss, or if it be in the interest of justice,
transfer such case to any district or division in which it could have been
brought.
28 U.S.C. § 1406(a).
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The undersigned FINDS that, pursuant to the section 1406(a), it is in the interest
of justice that this matter be transferred to the United States District Court for the
Northern District of West Virginia, which is a proper venue where this matter could
have been brought. Accordingly, it is hereby ORDERED that this matter be transferred
to the United States District Court for the Northern District of West Virginia for
additional 	proceedings. 	Plaintiff 	is 	directed 	to 	address 	any 	further 	information
concerning this matter to that court, which will assign the case a new case number and
take any further action as that court deems necessary.
The Clerk is directed to mail a copy of this Order to Plaintiff.
ENTER: 	February 19, 2026
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