Marsiliano v. Doe

Filing 6

MEMORANDUM AND ORDER TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to Central District of Illinois.. Signed by Judge J. Phil Gilbert on 10/19/2012. (dka, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANTHONY MARSILIANO,
Plaintiff,
v.

Case No. 12-cv-973-JPG

DR. JOHN DOE, ,
Defendant.
MEMORANDUM AND ORDER
Plaintiff, formerly incarcerated at East Moline Correctional Center (“East Moline CC”),
has brought this pro se civil rights action under 42 U.S.C. § 1983 against Dr. John Doe seeking
damages for alleged constitutional violations that occurred while he was incarcerated at East
Moline CC. Venue in this case is governed by 28 U.S.C. § 1391(a), which states:
All civil actions brought in district courts of the United States shall be brought in:
(1) a judicial district where any defendant resides, if all defendants reside in the same
State, (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) a judicial district in which any defendant is subject to personal
jurisdiction at the time the action is commenced, if there is no district in which the action
may otherwise be brought.
It appears that all of the events or omissions giving rise to Plaintiff’s claim occurred at
the East Moline CC, which is in the Central District of Illinois, that the Defendant is likely to be
found in that district since he works at East Moline CC, and that Plaintiff now resides in
Chicago, Illinois, and is therefore closer to the Central District than the Southern District of
Illinois. Accordingly, pursuant to 28 U.S.C. § 1404(a), the Court sua sponte TRANSFERS this
case to the United States District Court for the Central District of Illinois for the convenience of
the parties and witnesses, and in the interest of justice. That Court will determine whether
Marsiliano may be allowed to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
IT IS SO ORDERED.
DATED: October 19, 2012
s/J. Phil Gilbert
J. PHIL GILBERT
United States District Judge