United States District Court, S.D. Indiana, Indianapolis Division
ORDER TRANSFERRING ACTION TO NORTHERN DISTRICT OF
WALTON PRATT, JUDGE
Gregory Konrath is incarcerated at the Westville Correctional
Facility (“Westville”). He brings this civil
action alleging that the Majestic Star Casino violated
Illinois “Dram shop” law by providing him alcohol
until he was grossly intoxicated. He also alleges the
defendant refused to provide him the Gamblers' Addicts
Anonymous information he requested. He alleges that he is a
citizen of Illinois and alleges jurisdiction based on
diversity of citizenship. 28 U.S.C. § 1332.
Star Casino is located in Gary, Indiana, which lies in Lake
County. Lake County is in the Northern District of Indiana.
28 U.S.C. § 94(a). Here, the alleged conduct giving rise
to the claim occurred, and the plaintiff can be found, in the
Northern District of Indiana. Under these circumstances, the
appropriate venue for the action is the Northern District of
Indiana. See 28 U.S.C. § 1391(b); 28 U.S.C.
Konrath alleges that “[t]imely payment of the filing
fee is not a judicial prerequisite.” Dkt. 1, p. 4.
While that is true, the Court notes that Mr. Konrath has not
paid the filing fee and he is not entitled to proceed in
forma pauperis in accordance with 28 U.S.C. §
1915(g). See Konrath v. Bierzychudek, et al,
1:16-cv-3186-WTL-DKL (S.D. Ind. Dec. 29, 2016).
above action is now TRANSFERRED to the
United States District Court for the Northern District of
Indiana at Hammond, Indiana.
IS SO ORDERED.
 Although the plaintiff recites
Illinois state law, because the alleged incidents occurred in
Indiana, Indiana law would apply to any Indiana district
court sitting in diversity. See Land v. Yamaha Motor
Corp.272 F.3d 514, 516 (7th Cir. 2011) (“A
federal court sitting in diversity jurisdiction must ...