Love v. June et al

Filing 3

ORDER TRANSFERRING CASE to the United States District Court for the Middle District of Florida. Signed by Magistrate Judge David R. Grand. (TTho) [Transferred from mied on 11/17/2021.]

Case 8:21-cv-02693-CEH-AEP Document 3 Filed 11/17/21 Page 1 of 3 PageID 14

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DANIEL T. GRANT LOVE,
Plaintiff,

Case No. 3:21-cv-12621

v.
WILLIAM RANDOLPH JUNE and the
PINELLAS PARK POLICE DEPARTMENT,
Defendants.

ROBERT H. CLELAND
U.S. DISTRICT JUDGE
CURTIS IVY, JR.
U.S. MAGISTRATE JUDGE

______________________________________/
ORDER TRANSFERRING CASE TO THE UNITED STATES
DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
Plaintiff Daniel T. Grant Love recently filed a pro se civil rights complaint
under 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff is confined at the Pinellas County
Jail in Clearwater, Florida. (Id. at PageID.1.) The defendants are William Randolph
June of Pinellas Park, Florida, and the Pinellas Park Police Department. (Id. at
PageID.1-2.)
Plaintiff alleges that, on April 4, 2020, defendant June beat him with a baseball
bat while he was passed out on drugs in an abandoned trailer in Pinellas, Florida,
and June’s girlfriend falsely accused Plaintiff of raping her. (Id. at PageID.3-4.)
Plaintiff claims that the Pinellas County Jail refused to provide him with medical
treatment for two weeks, and June should have been charged with attempted murder.

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(Id. at PageID.4.) Plaintiff seeks money damages from the Pinellas Park Police
Department and to have criminal charges brought against June. (Id. at PageID.6.)
A preliminary question is whether this district is the proper venue for
Plaintiff’s complaint. A civil action may be filed in: (1) a judicial district where
any defendant resides, if all the defendants are residents of the State in which the
district is located; (2) a judicial district where 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, any judicial district in which any defendant is
subject to the court’s personal jurisdiction.

28 U.S.C. § 1391(b).

For the

convenience of parties and witnesses, and in the interest of justice, a federal district
court may transfer a civil action to any district where the action could have been
brought. 28 U.S.C. § 1404(a); see also 28 U.S.C. § 1406(a) (authorizing district
courts in the interest of justice to transfer a case laying venue in the wrong district
to any district where it could have been brought).
This cause of action arose in Pinellas County, Florida. In addition, defendant
June allegedly resides there, and the Pinellas County Jail is located there. Pinellas
County, Florida lies within the geographical borders for the Federal District Court
for the Middle District of Florida. See 28 U.S.C. § 89(b). The proper venue for this
action, therefore, is the United States District Court for the Middle District of

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Florida. Accordingly, in the interest of justice and for the convenience of the parties
and potential witnesses,
IT IS ORDERED that the Clerk of Court shall TRANSFER this case to the
United States District Court for the Middle District of Florida at Tampa, Florida.
The Court has not screened Plaintiff’s complaint under 28 U.S.C. §§ 1915(e)(2) and
1915A(a), nor determined whether Plaintiff may proceed without prepaying the fees
and costs for this action.

/s/ David R. Grand
DAVID R. GRAND
UNITED STATES EXECUTIVE MAGISTRATE JUDGE
Dated: 11/17/2021

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