Charest v. Riley et al (INMATE2)

Filing 15

AMENDED ORDER: It is ORDERED that plaintiff's 13 objection is overruled and plaintiff's 13 request for transfer is denied as further set out in the order. Under the circumstances of this case, the court finds that transfer of claims to the United States District Court for the Northern District of Alabama is not in the interest of justice. Signed by Honorable Myron H. Thompson on 3/19/2010. (dmn)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

PATRICK JOSEPH CHAREST, etc., Plaintiff, v. BOB RILEY, etc., et al., Defendants.

) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:10cv51-MHT (WO)

AMENDED ORDER It is ORDERED that plaintiff's objection (doc. no. 13) is overruled and plaintiff's request for transfer (doc. no. 13) is denied. In accordance with the provisions of 28 U.S.C.

§ 1915, the court granted the plaintiff leave to proceed in forma pauperis and allowed him to litigate this cause of action without prepayment of either the entire filing fee or an initial partial filing fee. 26, 2010 (Doc. No. 4), at 1. Order of January

"Notwithstanding [the

foregoing], if a prisoner brings a civil action or files

an

appeal

in

forma

pauperis,

the

prisoner

shall

be 28

required to pay the full amount of a filing fee." U.S.C. § 1915(b)(1). § 1915(b)(1), this

Thus, "under the provisions of ... court [assessed payment of the

$ 350.00 filing fee and ordered collection of such fee from those monies which become available to the plaintiff at a rate of] 20 per cent of each preceding month's income ... each time the amount in [the plaintiff's] account exceeds $ 10.00." (Doc. No. 4), at 2. Order of January 26, 2010

The plaintiff appears to argue

that, due to the assessment of the filing fee, this court must allow transfer of this case to the United States District Court for the Northern District of Alabama with respect to those claims that could be construed as

challenging prison conditions to which he is currently subjected at the Limestone Correctional Facility. assertion, however, is without merit. The This

instant

complaint lacks specific claims regarding the plaintiff's current confinement, and none of the defendants named in

2

the

complaint

is

personally they are

responsible named as

for

such only

conditions;

rather,

parties

because of their supervisory positions.

Transfer of a

civil action is not mandatory and may be undertaken solely at this court's discretion when such action is in the interest of justice. 28 U.S.C. § 1404(a). Under the

circumstances of this case, the court finds that transfer of claims to the United States District Court for the Northern District of Alabama is not in the interest of justice. DONE, this the 19th day of March, 2010.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE