Wilson v. Dunn et al (INMATE 2)(JOINT ASSIGN)

Filing 4

OPINION AND ORDER: it is ORDERED as follows: 1. This case is transferred to the United States District Court for the Northern District of Alabama pursuant to the provisions of 28 U.S.C. § 1404. 2. The motion for preliminary injunction (doc. no. 1 ) is left for resolution by the transferee judge. The clerk of the court is DIRECTED to take appropriate steps to effect the transfer. This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 12/5/2016. (kh, ) (Additional attachment(s) added on 12/5/2016: # 1 Civil Appeals Checklist) (kh, ).

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

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)
)
)
)
)
)
)
)
)

Plaintiff,
v.
CORIZON MEDICAL SERVICE,
et al.,
Defendants.

CIVIL ACTION NO.
2:16cv929-MHT
(WO)

OPINION AND ORDER
This 42 U.S.C. § 1983 action is pending before the
court on a complaint filed by plaintiff David Wayne
Wilson,

a

state

inmate,

in

which

he

challenges

the

constitutionality of medical treatment provided to him
at

the

Hamilton

Aged

and

Infirmed

Facility.

Upon

review of the complaint, the court finds that this case
should

be

transferred

to

the

United

States

District

Court for the Northern District of Alabama pursuant to
28 U.S.C. § 1404.1

1. Upon initiation of this case, Wilson did not
file the applicable filing fee nor did he submit an
original affidavit in support of a motion for leave to

A 42 U.S.C. § 1983 “civil action may be brought
in--(1)

a

judicial

district

where

any

defendant

resides, if all defendants are residents of the State
in

which

the

district

is

located;

(2)

a

judicial

district in which a substantial part of the events or
omissions giving rise to the claim occurred . . . or
(3) if there is no district in which an action may
otherwise be brought as provided in this section, any
judicial district in which any defendant is subject to
the court’s personal jurisdiction with respect to such
action.”
provides

28

U.S.C.

§

“For

the

that,

1391(b).
convenience

The
of

law

further

parties

and

witnesses, in the interest of justice, a district court
may transfer any civil action to any other district ...
where

it

might

have

been

brought[.]”

28

U.S.C.

§ 1404(a).

proceed
in
forma
pauperis
with
the
requisite
documentation from the inmate account clerk at the
Hamilton Aged and Infirmed Facility.
However, under
the circumstances of this case, the court concludes
that assessment and/or collection of any filing fee
2

The Hamilton Aged and Infirmed Facility is located
within the jurisdiction of the United States District
Court for the Northern District of Alabama.

Thus, the

actions about which Cannon complains occurred or are
occurring

in

the

Northern

District

of

Alabama.

Moreover, it is clear from the complaint that defendant
Givens

and

all

Cannon’s

medical

District

of

individuals
treatment

Alabama.

personally
reside

Although,

in

by

involved
the

in

Northern

virtue

of

their

positions as Commissioner of the Alabama Department of
Corrections

and

Associate

Commissioner

of

Health

Services, defendants Jefferson Dunn and Ruth Naglich
reside

in

the

Middle

District

of

Alabama,

they

are

nonetheless subject to service of process throughout
the

State

courts

of

remaining

and

commonly

defend

State.

With

this
proper

defendant

in

suits

in

respect
this

all
to

federal

the

action,

only

Corizon

Medical Service, it is also subject to service by each
should be undertaken by the United States
Court for the Northern District of Alabama.
3

District

federal court of this state and routinely defends cases
brought against it in these courts.
Under the circumstances of this case, the relevant
evidence and those individuals with personal knowledge
of

the

medical

treatment

provided

to

Wilson

at

the

Hamilton Aged and Infirmed Facility are located in the
Northern

District

interest

of

justice

this

case

parties

of

Alabama.
and

is

for

due

to

Consequently,

in

the

the

convenience

of

the

be

transferred

to

the

United States District Court for the Northern District
of Alabama for review and determination.2
Accordingly, it is ORDERED as follows:
1.
District

This case is transferred to the United States
Court

for

the

Northern

District

of

Alabama

pursuant to the provisions of 28 U.S.C. § 1404.
2.

The motion for preliminary injunction (doc. no.

1) is left for resolution by the transferee judge.

2. In transferring the instant case, this court
makes no determination with respect to the merits of
the plaintiff’s claims for relief nor whether he is
4

The

clerk

of

the

court

is

DIRECTED

to

take

appropriate steps to effect the transfer.
This case is closed in this court.
DONE, this the 5th day of December, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

entitled to the relief
preliminary injunction.

sought
5

in

his

motion

for