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, )

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?