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Konrath v. Holder

United States District Court, S.D. Indiana, Indianapolis Division

January 10, 2017

GREGORY KONRATH, Plaintiff,
v.
CAROLYN “SUE” HOLDER, Defendant.

          ORDER TRANSFERRING ACTION TO NORTHERN DISTRICT OF INDIANA

          TANYA WALTON PRATT, JUDGE

         Plaintiff 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. § 1332.

         Ms. 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. § 1404.

         Mr. 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).

         The above action is now TRANSFERRED to the United States District Court for the Northern District of Indiana, Hammond Division.

         IT ...


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