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 action
alleging that attorney Carolyn “Sue” Holder
committed legal malpractice when she failed to have his
divorce proceeding, including the determination of child
support, transferred to Indiana from Illinois, resulting in
an allegedly much higher child support determination. He
alleges that he is a citizen of Illinois and alleges
jurisdiction based on diversity of citizenship. 28 U.S.C.
Holder lives and practices law in Lafayette, Indiana, which
lies in Tippecanoe County. Mr. Tippecanoe 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 and the defendant 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. 3.
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, Hammond Division.