Thompson v. Caldwell et al
ORDER TRANSFERRING CASE to the Eastern District of Michigan; signed by Magistrate Judge Ray Kent (Magistrate Judge Ray Kent, fhw) [Transferred from miwd on 3/13/2017.]
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
Case No. 1:17-cv-186
Honorable Robert J. Jonker
UNKNOWN CALDWELL et al.,
ORDER OF TRANSFER
This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983.
Plaintiff presently is incarcerated at the Gus Harrison Correctional Facility in Adrian, Michigan.
Plaintiff sues the following correctional officers employed at the Gus Harrison Correctional Facility:
(unknown) Caldwell, Steven Sundstrom, P. Klee, Gayline Gibbs and (unknown) Vandercook. In
his pro se complaint, Plaintiff alleges that Defendants violated his Eighth Amendment right against
cruel and unusual punishment.
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 at the
Gus Harrison Correctional Faclity, which is located in Lenawee County. Lenawee County is within
the geographical boundaries of the Eastern District of Michigan. 28 U.S.C. § 102(a). Defendants
are public officials serving in Lenawee 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. 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: March 9, 2017
/s/ Ray Kent
United States Magistrate Judge
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