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Calvin Scott Wedington v. Us Marshals, 54 F.3d 775, 4th Cir. (1995)
Calvin Scott Wedington v. Us Marshals, 54 F.3d 775, 4th Cir. (1995)
Calvin Scott Wedington v. Us Marshals, 54 F.3d 775, 4th Cir. (1995)
3d 775
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished
dispositions is disfavored except for establishing res judicata, estoppel, or the law
of the case and requires service of copies of cited unpublished dispositions of the
Fourth Circuit.
Appellant appeals from the district court's order denying his Bivens action
based on a lack of venue. Our review of the record and the district court's
opinion leads us to conclude otherwise. The Appellant alleges that the actions
by the United States Marshals which caused his injuries occurred in Maryland,
and venue is proper in the judicial district in which a substantial part of events
or omissions giving rise to the claim occurred. 28 U.S.C. Sec. 1391(b)(2)
(1988). Accordingly, we vacate the order of the district court and remand the
case back to the district court for further proceedings in accordance with this
opinion. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the Court and
argument would not aid the decisional process.
VACATED AND REMANDED