Wilson et al v. Phelps et al

Filing 3

ORDER: Accordingly, it is ORDERED AND ADJUDGED that this case be TRANSFERRED tothe Middle District of Florida. The Clerk of Court is direct to CLOSE this case. Closing Case. Signed by Judge Beth Bloom on 9/8/2021. See attached document for full details. (scn) [Transferred from flsd on 9/9/2021.]

Case 5:21-cv-00455-TPB-PRL Document 3 Filed 09/08/21 Page 1 of 3 PageID 15

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 21-cv-23236-BLOOM
MARLON A. WILSON, et al.,
Plaintiffs,
v.
JAMES PHELPS, et al.,
Defendants.
/
ORDER
THIS CAUSE is before the Court upon pro se Plaintiffs Marlon A. Wilson’s, Gregory
Fuller’s, Steve Boria’s, and Eron Ventura’s (“Plaintiffs”) Emergency Complaint, ECF No. [1]
(“Complaint”), filed pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388
(1971). For reasons set forth below, the Complaint is transferred to the United States District Court
for the Middle District of Florida.
Plaintiffs are federal prisoners currently incarcerated at the United States Penitentiary
Coleman I (“Coleman”). ECF No. [1]. The events underlying the Complaint arose in/at Coleman,
which is located in Sumter County, Florida. Id. Defendants James Phelps, B.M. Antonelly, Roy
Cheathem, Kathy Lane, Daniel Wagomer, and S. Salem reside in Sumter County. See ECF No. [1]
at 1. Plaintiff also names the Director of the Federal Bureau of Prisons, United States Department
of Justice, and United States Attorney General Merrick1 Garland as Defendants. Id.
Venue for a Bivens actions is governed by 28 U.S.C. § 1391(b). See Stafford v. Briggs, 444
U.S. 527, 544 (1980). Under § 1391(b), a federal civil rights action may be brought in a judicial

The spelling of Defendant Merrick Garland’s first name has been corrected. Plaintiffs misspelled
Defendant’s first name as “Myrick.” See ECF No. [1] at 1.
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Case 5:21-cv-00455-TPB-PRL Document 3 Filed 09/08/21 Page 2 of 3 PageID 16
Case No. 21-cv-23236-BLOOM
district where any defendant resides, if all defendants reside in the same State, or in the judicial
district in which the claims arose. 28 U.S.C. § 1391(b). When venue is improper, a court may, in
the interest of justice, transfer the case to a district court in which it could have been brought. 28
U.S.C. § 1406(a). Additionally, “[f]or 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) (alterations added).
Here, Plaintiffs allege that all the events underlying the Complaint arose in Sumter County,
Florida. ECF No. [1] at 4-12. Sumter County is located within the jurisdiction of the United States
District Court for the Middle District of Florida. 28 U.S.C. § 89(b). Venue is improper in this
district, and the Court finds it to be in the interest of justice to transfer this action to the United
States District Court for the Middle District of Florida.
Accordingly, it is ORDERED AND ADJUDGED that this case be TRANSFERRED to
the Middle District of Florida. The Clerk of Court is direct to CLOSE this case.
DONE AND ORDERED in Chambers at Miami, Florida, on September 8, 2021.

_________________________________
BETH BLOOM
UNITED STATES DISTRICT JUDGE
Copies to:
Counsel of Record
Marlon A. Wilson, Pro Se
33285-007
Coleman I-USP
Inmate Mail/Parcels
Post Office Box 1033
Coleman, FL 33521
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Case No. 21-cv-23236-BLOOM

Gregory Fuller, Pro Se
85145-054
Coleman I-USP
Inmate Mail/Parcels
Post Office Box 1033
Coleman, FL 33521
Steve Boria, Pro Se
78114-054
Coleman I-USP
Inmate Mail/Parcels
Post Office Box 1033
Coleman, FL 33521
Eron Ventura, Pro Se
22117-021
Coleman I-USP
Inmate Mail/Parcels
Post Office Box 1033
Coleman, FL 33521

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