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)

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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

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