EDWARD H. JOHNSTONE, Senior Judge.
This is a § 1983 case arising out of Defendant, L. Patrick Power's, performance of his official duties as the Assistant City Attorney of Kankakee, Illinois. In his capacity as Assistant City Attorney, Defendant filed a complaint to demolish property that Plaintiffs, Paul and Gloria Smith, owned in Kankakee, Illinois. Plaintiffs argue that Defendant deliberately filed a spurious demolition complaint against them in retaliation for their exercising their first amendment rights. This case is before the Court on Defendant's motion to dismiss Plaintiffs' first-amended complaint for lack of personal jurisdiction; or in the alternative, to dismiss the complaint for improper venue; or in the further alternative, to transfer the case to the United States District Court for the Central District of Illinois (dkt. # 10). For the following reasons, Defendant's motion to dismiss (dkt. # 10) is granted. This action is dismissed for improper venue.
LAW AND ANALYSIS
In his motion, Defendant argues, among other things, that Plaintiffs' first-amended complaint should be dismissed for improper venue, pursuant to Fed.R.Civ.P. 12(b)(3). The applicable venue statute provides:
A civil action wherein jurisdiction is not founded solely on diversity of citizenship may, except as otherwise provided by law, be brought only in (1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought.
28 U.S.C. § 1391(b).
Based on the plain language of the applicable venue statute, venue is not proper in this district. Defendant does not reside in this district. Instead, he resides in Illinois. A substantial part of the events or omissions giving rise to the claim did not occur in this district. Instead, they occurred in the Central District of Illinois. The property is not located in this district. It is located in the Central District of Illinois. Defendant may not be found in this district, and there is a district in which the action may otherwise be brought — the Central District of Illinois. Accordingly, Defendant's motion to dismiss Plaintiffs' first-amended complaint for improper venue (dkt. # 10) is granted. This action is dismissed without prejudice. Plaintiffs may refile this action in the United States District Court for the Central District of Illinois if they so choose. .
An appropriate Order accompanies this Memorandum Opinion.
ORDER
This matter is before the Court on Defendant's motion to dismiss (dkt. # 10). For the reasons stated in the accompanying Memorandum Opinion,
IT IS ORDERED:
Defendant's motion to dismiss (dkt. # 10) is granted. Plaintiffs' first-amended complaint is dismissed, without prejudice, for improper venue. Plaintiffs may refile this action in the United States District Court for the Central District of Illinois if they so choose.