Schuett

Filing 4

TRANSFER ORDER. Signed by JUDGE DERRICK K. WATSON on 08/28/2013. (eps, ) -- This action is TRANSFERRED to the United States District Court for the Eastern District of North Carolina. The Clerk of Court is DIRECTED to close the file and send any pending motions or further documents received from Schuett referring to this action to the United States District Court for the Eastern District of North Carolina. CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
In Re: CLIFFORD J. SCHUETT,
Fed. Reg. #01930-046,

) Civ. No. 13-00419 DKW/KSC
)
) TRANSFER ORDER
Plaintiff,
)
_____________________________ )
TRANSFER ORDER
Before the court is Clifford J. Schuett’s petition for assistance, which
is construed as a civil rights complaint. Schuett is a prisoner confined in the
Federal Correctional Institution II, located in Butner, North Carolina (“FCIButner”). Schuett says that he is paralyzed and is being denied necessary
assistance and accommodations for his disability by FCI-Butner officials. Schuett
claims he is being housed in a “non-handicapped cell in violation of the ADA and
federal law.” ECF No. 1. As a consequence, Schuett alleges that he has fallen
several times and sustained injuries.
Schuett did not name any prison officials who are allegedly
responsible for his claims or submit an in forma pauperis application or payment
for commencing this action. Because venue is improper in Hawaii and transfer is
in the interests of justice pursuant to 28 U.S.C. § 1406(a), this action is
TRANSFERRED to the United States District Court for the Eastern District of
North Carolina.

I. DISCUSSION
When jurisdiction is not founded solely on diversity, such as actions
brought under 42 U.S.C. § 1983, venue is proper in the district in which: (1) any
defendant resides, if all of the defendants reside in the same state; (2) 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) any defendant
may be found, if there is no district in which the action may otherwise be brought.
28 U.S.C. § 1391(b); see also Ziegler v. Indian River Cnty., 64 F.3d 470 (9th Cir.
1995) (extensive discussion on jurisdiction); Lee v. Corr. Corp. of America, 525 F.
Supp. 2d 1238, 1241 (D. Haw. 2007).
Schuett is incarcerated in North Carolina and has no apparent
connection to Hawaii. The actions about which he complains apparently occurred
or are occurring in North Carolina. Venue for Schuett’s claims alleging FCIButner officials have denied him appropriate accommodations for his disability lies
in the District Court for the Eastern District of North Carolina, where FCI-Butner
is located. See 28 U.S.C. § 1391(b).
“The district court of a district in which is filed a case laying venue in
the wrong division or district shall dismiss, or if it be in the interest of justice,
transfer such case to any district or division in which it could have been brought.”
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28 U.S.C. § 1406(a). The interests of justice favor transferring this case to the
district where the significant events or omissions material to Schuett’s claims
occurred, witnesses may be found, there is access to the necessary evidence, and
there is a local interest in resolving the matter. See 28 U.S.C. § 1406(a); see also
King v. Russell, 963 F.2d 1301, 1305 (9th Cir. 1992).
II. CONCLUSION
This action is TRANSFERRED to the United States District Court for
the Eastern District of North Carolina. The Clerk of Court is DIRECTED to close
the file and send any pending motions or further documents received from

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Schuett referring to this action to the United States District Court for the Eastern
District of North Carolina.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, August 28, 2013.

Derrick K. Watson
United States District Judge

In Re: CLIFFORD J. SCHUETT, Fed. Reg. #01930-046; CIV No. 13-00419 DKW KSC;
TRANSFER ORDER
In re: Clifford J. Schuett, Civ. No. 13-00419 DKW/KSC; G:\docs\prose attys\Trsf Ven Rmnd\2013\Schuett 13-419
DKW (trsf to D.N.C.).wpd

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