Thomasswift v. Upshaw 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 8/17/2016.]

UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CHAUNCEY THOMASSWIFT,
Plaintiff,
v.

Case No. 1:16-cv-919
Honorable Gordon J. Quist

RANDALL P. UPSHAW et al.,
ORDER OF TRANSFER
Defendants.
____________________________________/
This is a civil rights action brought by a state prisoner. Plaintiff presently is
incarcerated at the Parnall Correctional Facility in Jackson, Michigan. Plaintiff sues Attorney
Randall P. Upshaw and the Law Office of Randall P. Upshaw. According to Plaintiff, the
Defendants can be found in Lathrup Village, Oakland County, Michigan Plaintiff’s pro se complaint
is not a model of clarity. It is titled “Complaint for Legal Malpractice” but the allegations also
reference violations of Plaintiff’s constitutional rights. (ECF No. 1.)
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,
apparently, in Oakland County. Oakland County is within the geographical boundaries of the
Eastern District of Michigan. 28 U.S.C. § 102(a). Plaintiff alleges that Defendants conduct business
at an address in Oakland County. There are no allegations indicating any connection between
Plaintiff’s cause of action and the Western District of Michigan. In these circumstances, venue is
proper only in the Eastern District. 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: August 16, 2016

/s/ Ray Kent
RAY KENT
United States Magistrate Judge

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