Belser v. Evans et al
Filing
3
ORDER TRANSFERRING CASE to the Eastern District of Michigan; signed by Magistrate Judge Ray Kent (Magistrate Judge Ray Kent, fhw) [Transferred from miwd on 11/4/2016.]
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARVIN BELSER,
Plaintiff,
v.
Case No. 1:16-cv-1249
Honorable Paul L. Maloney
VONDA R. EVANS et al.,
ORDER OF TRANSFER
Defendants.
____________________________________/
This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983.
Plaintiff presently is incarcerated at the Carson City Correctional Facility. Plaintiff sues Wayne
County Circuit Court Judges Vonda R. Evans and Sheila Ann Gibson Manning and Wayne County
Assistant Prosecuting Attorney Danielle Hagaman-Clark. In his pro se complaint, Plaintiff alleges
that Defendants Evans and Gibson Manning were biased against him in his criminal and child
custody cases, and he appears to allege that Defendant Hagaman-Clark violated his rights during
those proceedings.
Under the revised venue statute, venue in federal-question cases lies in the district in
which any defendant resides or in which a substantial part of the events or omissions giving rise to
the claim occurred. 28 U.S.C. § 1391(b). The events giving rise to Plaintiff’s action occurred in
Wayne County. Wayne County is within the geographical boundaries of the Eastern District of
Michigan. 28 U.S.C. § 102(a). Defendants are public officials serving in Wayne County, and they
“reside” in that county for purposes of venue over a suit challenging official acts. See Butterworth
v. Hill, 114 U.S. 128, 132 (1885); O’Neill v. Battisti, 472 F.2d 789, 791 (6th Cir. 1972). In these
circumstances, venue is proper only in the Eastern District.1 Therefore:
IT IS ORDERED that this case be transferred to the United States District Court for
the Eastern District of Michigan pursuant to 28 U.S.C. § 1406(a). It is noted that this Court has
not decided Plaintiff’s motion to proceed in forma pauperis, nor has the Court reviewed
Plaintiff’s complaint under 28 U.S.C. §§ 1915(e)(2), 1915A, or under 42 U.S.C. § 1997e(c).
IT IS SO ORDERED.
Dated: November 2, 2016
/s/ Ray Kent
RAY KENT
United States Magistrate Judge
1
Although this Court must transfer the action for improper venue, it notes that Plaintiff previously has sued
Defendants Evans and Gibson Manning for the same actions, and his case was dismissed for failure to state a claim. See
Belser et al. v. Evans et al., No. 2:16-cv-12792 (E.D. Mich. Oct. 4, 2016).
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