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)

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Case 1:21-cv-23236-BB Document 3 Entered on FLSD Docket 09/08/2021 Page 1 of 3 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. 1 Case 1:21-cv-23236-BB Document 3 Entered on FLSD Docket 09/08/2021 Page 2 of 3 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 2 Case 1:21-cv-23236-BB Document 3 Entered on FLSD Docket 09/08/2021 Page 3 of 3 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 3

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