Staley v. Shaffer

Filing 6

ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge Victoria A. Roberts. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KENNETH STALEY,
Plaintiff,
Case No. 2:17-cv-13368
Hon. Victoria A. Roberts

v.
TRACY SHAFFER,
Defendants.
________________________________________/

ORDER TRANSFERRING CIVIL RIGHTS COMPLAINT TO THE UNITED STATES
DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
Kenneth Staley, a Michigan Prisoner currently residing at the Ionia Maximum Correctional
Facility in Ionia, Michigan, filed this civil rights complaint pursuant to 42 U.S.C. § 1983. The
complaint asserts that Defendant, a medical provider at his correctional facility, violated his
constitutional rights by altering his medications. For the reasons stated below, the Court will transfer
this matter to the Western District of Michigan for further proceedings.
The Defendant resides in Ionia County, Michigan. The events described in the complaint are
alleged to have occurred in Ionia County. The proper venue for civil actions is in the judicial district
where: (1) any defendant resides if all defendants reside in the same state; (2) a substantial part of
the events or omissions giving rise to the claim occurred or a substantial part of the property in
question is situated; or (3) any defendant may be found if there is no other district in which the
plaintiff may bring the action. 28 U.S.C. § 1391(b).
“For the convenience of parties and witnesses, in the interest of justice, a district court may
transfer any civil action to any other district or division where the action might have been brought.”
See Weatherford v. Gluch, 708 F. Supp. 818, 819 (E.D. Mich. 1988) (quoting 28 U.S.C. § 1404(a)).

Venue of a lawsuit may be transferred sua sponte for the convenience of parties or witnesses. See
Sadighi v. Daghighfekr, 36 F. Supp. 2d 267, 278 (D.S.C. 1999).
The Court concludes that both for the convenience of the parties and witnesses, as well as
in the interests of justice, the present matter must be transferred to the Western District of Michigan
where the Defendant is located and the events in the complaint are alleged to have occurred.
Accordingly, 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. § 1404(a).
It is noted that this Court has not decided whether Plaintiff may proceed in this action 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.

S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: December 1, 2017
The undersigned certifies that a copy of this
document was served on the attorneys of record
and Kenneth Staley by electronic means or U.S.
Mail on December 1, 2017.
s/Linda Vertriest
Deputy Clerk

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