Porter v. Wexford County Jail et al

Filing 3

ORDER amending the case caption and transferring case to the Western District of Michigan. Signed by District Judge Denise Page Hood. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JUNIOR A. PORTER,
Plaintiff,
Case No. 2:17-cv-10185
Honorable Denise Page Hood

v.
WEXFORD COUNTY JAIL
and GRAY WEBSTER,
Defendants.
____________________________/

ORDER AMENDING THE CAPTION
AND
TRANSFERRING CASE TO THE WESTERN DISTRICT OF MICHIGAN
This matter recently came before the Court on plaintiff Junior A. Porter’s
pro se civil rights complaint. Plaintiff is a state prisoner at the G. Robert Cotton
Correctional Facility in Jackson, Michigan. The defendants are the Wexford
County Jail in Cadillac, Michigan and Wexford County’s jail administrator, whom
Plaintiff has identified as “Gray Webster.” The Court takes judicial notice that the
correct spelling for Mr. Webster’s first name is “Greg.”1 The Court therefore
orders the Clerk of the Court to amend the caption for this case to read “Junior A.
Porter v. Wexford County Jail and Greg Webster.”

1

See http://www.wexfordsheriff.org/DivisionsStaff/Administration.aspx.

Plaintiff alleges in his complaint alleges that, while he was confined at the
Wexford County Jail from April 19, 2013, through December 9, 2013, he was
denied immediate medical treatment, proper mental health care, proper housing
while quarantined, legal representation, and the resources he needed to conduct
legal research. Plaintiff’s claims for relief are: (1) the conditions of confinement
at Wexford County Jail are unconstitutional; and (2) the Wexford County Jail has
no legal library on the premises. Plaintiff seeks money damages to cover the costs
of his medical and housing bills and to compensate him and his family for their
pain, suffering, and duress. Plaintiff also seeks to have Wexford County provide a
law library for its inmates in memory of Plaintiff’s deceased son, whose funeral
Plaintiff was unable to attend while he was detained at the jail.
A preliminary question is whether this district is the proper venue for
Plaintiff’s complaint.
A civil action may be brought in-(1) a judicial district in which any defendant resides, if all
defendants are residents of the State in which the district is located;
(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) if there is no district in which an action may otherwise be
brought as provided in this section, any judicial district in which any
defendant is subject to the court's personal jurisdiction with respect to
such action.

28 U.S.C. § 1391(b). Simply stated, “a civil action must be brought in the judicial
district where all the defendants reside or where the claim arose.” O’Neill v.
Battisti, 472 F.2d 789, 791 (6th Cir. 1972). “Public officials ‘reside’ in the county
in which they serve for purposes of venue in a suit challenging official acts.”
Proctor v. Applegate, 661 F. Supp. 2d 743, 781 n.2 (E.D. Mich. 2009). When a
case is filed in the wrong district, a district court must dismiss the case or, in the
interest of justice, transfer the case to any district where the case could have been
brought. 28 U.S.C. § 1406(a).
Plaintiff’s claims arose in Wexford County, and defendant Webster performs
his official duties there. Wexford County is located within the geographical
confines of the Southern Division of the United States District Court for the
Western District of Michigan. See 28 U.S.C. § 102(b)(1). The proper venue for
Plaintiff’s complaint is the federal court in the Western District of Michigan.
The Court orders the Clerk of the Court to transfer this case to the United
States District Court for the Western District of Michigan pursuant to 28 U.S.C. §§
1391(b) and 1406(a). Because the Eastern District of Michigan is not the proper
venue for Plaintiff’s complaint, the Court has not screened the complaint under 28

3

U.S.C. §§ 1915(e)(2) and 1915A, nor determined whether Plaintiff may proceed
without prepayment of the fees and costs for this action.

S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court
Dated: February 3, 2017
I hereby certify that a copy of the foregoing document was served upon counsel of
record on February 3, 2017, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

4