Morris v. Woods et al

Filing 3

ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge Thomas L Ludington. (JCre)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LAVARON MORRIS, Plaintiff, v. JEFFREY WOODS, ET. AL., Defendants. _________________________________/ ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN On December 22, 2008, Plaintiff Lavaron Morris filed a pro se civil rights complaint alleging a violation of 42 U.S.C. § 1983. Plaintiff is a prisoner of the State of Michigan currently confined at the Kinross Correctional Facility in Kincheloe, Michigan. In the complaint, Plaintiff alleges that Defendants have denied him access to the courts. The proper venue for civil actions in which jurisdiction is not based on diversity of citizenship is the judicial district where: (1) any defendant resides if all 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 the property in question is situated; or (3) any defendant may be found if there is no other district in which plaintiff may bring the action. 28 U.S.C. § 1391(b). Public officials "reside" in the county where they serve. See O'Neill v. Battisti, 472 F.2d 789, 791 (6th Cir. 1972). Pursuant to 28 U.S.C. § 1404(a), a district court may transfer a civil action to any other district where it might have been brought for the convenience of the parties and witnesses, in the interest of justice. Case Number: 08-CV-15236 Honorable Thomas L. Ludington

Having reviewed the complaint, the Court finds that the United States District Court for the Western District of Michigan is a more appropriate forum for this action. Defendants reside in Chippewa County for purposes of the present complaint. Chippewa County is located on

Michigan's upper peninsula, which is in the Northern Division of the Western District of Michigan. See 28 U.S.C. § 102(b). Accordingly, it is ORDERED that the Clerk of the Court TRANSFER this case to the United States District Court for the Western District of Michigan. 28 U.S.C. §§ 1391(b) and 1404(a). s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: January 14, 2009

PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on January 14, 2009. s/Tracy A. Jacobs TRACY A. JACOBS

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