Morales v. Chapdelaine et al

Filing 10

MEMORANDUM. Signed by Judge Sue L. Robinson on 11/19/14. (etg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ALEX MORALES,
a/k/a Kyle Collins,
Plaintiff,

v.
CAROLE CHAPDELAINE, et al.,

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) Civ. No. 14-1235-SLR
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Defendants.

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MEMORANDUM
1. Introduction. Plaintiff Alex Morales ("plaintiff"), an inmate at the Osborn
Correctional Institution, Somers, Connecticut, filed this lawsuit pursuant to 42 U.S.C.

§ 1983 alleging unlawful arrest and imprisonment. (D.I. 3) He appears prose and was
granted permission to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (D.I. 5)
The action is brought against four defendants, all of whom are located in the State of
Connecticut. Plaintiff is imprisoned in the State of Connecticut.
2. Standard of review. A civil action wherein jurisdiction is not founded solely
on diversity of citizenship is properly brought in: "(1) a judicial district in which 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 a substantial part of property that is the subject of
the action is situated; 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." 28 U.S.C. § 1391 (b).

The court may transfer a case "[f]or the convenience of parties and witnesses, in the
interest of justice, ... to any other district or division where it might have been brought."
28 U.S.C. § 1404(a). The court may raise venue and issue a Section 1404(a) transfer
order sua sponte. See e.g., Amica Mut. Ins. Co. v. Fogel, 656 F.3d 167 (3d Cir. 2011).
3. Discussion. Here, it does not appear that any of the events or omissions
giving rise to plaintiff's claims occurred in Delaware. The court notes that plaintiff has
pending a petition for writ of habeas corpus in the United States District Court for the
District of Connecticut, New Haven Division, Morales v. Chapalaine, Civ. No. 13-531AWT (D. Conn.), filed April 15, 2013. The court considers the allegations in the
complaint and finds the interests of justice favor transferring the action to the United
States District Court for the District of Connecticut, New Haven Division, where plaintiff
and defendants are located and where, based upon the allegations, it appears that all
of the events took place.

4. Conclusion. For the above reasons, the Clerk of Court will be directed to
transfer this action the United States District Court for the District of Connecticut, New
Haven Division. The motion for an evidentiary hearing and initial appearance by video
teleconference (D.I. 6) will be denied without prejudice to renew. A separate order
shall issue.

Date: November J!L_, 2014

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