Clifford v. MDOC et al

Filing 4

ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge Laurie J. Michelson. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JONATHAN CLIFFORD,
Plaintiff,
v.

Case No. 17-cv-11864
Honorable Laurie J. Michelson
Magistrate Judge Elizabeth A. Stafford

MICHIGAN DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.
ORDER TRANSFERRING CASE TO THE WESTERN DISTRICT OF MICHIGAN
Jonathan Clifford, presently confined at the Bellamy Creek Correctional Facility in
Ionia, Michigan, filed a pro se civil rights complaint in this Court pursuant to 42 U.S.C. § 1983.
(R. 1). Clifford alleges that his constitutional rights were violated at Bellamy Creek when,
among other issues, he was placed in segregation without a hearing. (R. 1, PID 3.)
A threshold question is whether venue is proper in this District. The proper venue in civil
actions is the judicial district where (1) any defendant resides if all the defendants are residents
of the State in which the district is located, (2) a substantial part of the events or omissions
giving rise to the claim occurred or a substantial part of the 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, any
judicial district in which any defendant is subject to the court’s personal jurisdiction. 28 U.S.C. §
1391(b). For the convenience of the parties and witnesses and in the interest of justice, a district
court may transfer a civil case to any district where it could have been brought. 28 U.S.C. §§
1404(a); 1406(a). Additionally, “a district court may transfer a case sua sponte.” Carver v. Knox
Cnty., Tenn., 887 F.2d 1287, 1291 (6th Cir. 1989).

The events giving rise to Plaintiff’s claims occurred at the Bellamy Creek Correctional
Facility in Ionia, Michigan. It appears that all of the individual defendants are employed at this
facility. The City of Ionia is part of Ionia County, which lies within the geographical confines of
the Southern Division of the Western District of Michigan. See 28 U.S.C. § 102(b)(1).
Even if venue was proper in this District (which does not appear to be the case), the Court
concludes that both for the convenience of the parties and witnesses, as well as in the interests of
justice, the case should be transferred to the Western District of Michigan. The primary factor in
making the determination to transfer venue is that all of the “operative facts” in this case took
place at the Bellamy Creek Correctional Facility in the Western District of Michigan. See Pierce
v. Coughlin, 806 F. Supp. 426, 428 (S.D.N.Y. 1992). The defendants all work at this facility, and
public officials sued in their official capacities “reside” in the judicial district where they
maintain their official residence or perform their official duties. O’Neill v. Battisti, 472 F.2d 789,
791 (6th Cir. 1972). The witnesses and files necessary to prosecute these claims are presumably
located in the Western District of Michigan, Clifford is still confined at Bellamy Creek, and the
burden of transporting him to this judicial district would be significant. Thus, transfer of this
action to the Western District of Michigan would be proper. See Welch v. Kelly, 882 F. Supp.
177, 180 (D.D.C. 1995).
For these reasons, the Court concludes that the Western District of Michigan is the proper
venue and more convenient forum for this action. Accordingly,
IT IS ORDERED that the Clerk of the Court shall transfer this case to the Western
District of Michigan pursuant to 28 U.S.C. §§ 1391(b), 1404(a), and 1406(a). The Court has not

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determined whether Plaintiff may proceed without prepayment of the fees and costs for this
lawsuit.
SO ORDERED.
s/Laurie J. Michelson
LAURIE J. MICHELSON
U.S. DISTRICT JUDGE

Dated: June 19, 2017

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record
and any unrepresented parties via the Court=s ECF System to their respective email or First Class
U.S. mail addresses disclosed on the Notice of Electronic Filing on June 19, 2017.
s/Keisha Jackson
Case Manager

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