Garza v. Corrections Corporation of America (CCA) et al

Filing 73

MINUTE ORDER denying 63 Motion for Change of Venue Pursuant to 28 U.S.C. § 1404(a), by Magistrate Judge Michael J. Watanabe on 7/26/2016.(slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01147-CMA-MJW
CONRAD GARZA,
Plaintiff,
v.
CORRECTIONAL CORP. OF AMERICA,
WARDEN BOBBY BONNER,
C.O. HORVATICH,
DOCTOR TIONA, and
V. BAZAAR, and
Defendants.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Plaintiff’s Motion for Change of Venue Pursuant to
28 U.S.C. §1404(a) (Docket No. 63) is DENIED.
Plaintiff’s motion argues that he has been transferred back to the Idaho
correctional system and that he intends to add Idaho def endants to this lawsuit. But this
lawsuit is based on a fight and inadequate medical care that occurred in the past – in
Colorado. It is conceivable that Plaintiff might have new claims against these purported
Idaho defendants, but those claims have nothing to do with this lawsuit.
“For the convenience of parties and witnesses, in the interest of justice, a district
court may transfer any civil action to any other district or division where it might have
been brought.” 28 U.S.C. §1404(a). The party seeking to transfer a case pursuant to
§1404(a) bears the burden of establishing that the existing forum is inconvenient. See
Chrysler Credit Corp. v. Cnty. Chrysler, Inc., 928 F.2d 1509, 1515 (10th Cir. 1991).
There is no indication that the Idaho courts have personal jurisdiction over the
Defendants in this case; there is no indication that the conv enience of any parties or
witnesses (other than Plaintiff’s own convenience) would be served by transfer; there is
no indication that the interests of justice demand transfer. Accordingly, the motion is
denied.
Date: July 26, 2016