Harris v. Nader et al
Filing
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OPINION AND ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge Arthur J. Tarnow. (DPer)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
WILLIE J. HARRIS,
Plaintiff,
Case No. 2:20-CV-11368
Hon. Arthur J. Tarnow
v.
KARI NADER, OFFICER ZLIKER,
Defendants.
___________________________/
OPINION AND ORDER TRANSFERRING THE CIVIL RIGHTS
COMPLAINT TO THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MICHIGAN
Willie J. Harris, presently confined at the Ionia Correctional Facility in
Ionia, Michigan, and proceeding pro se, filed this civil rights action alleging
sexual assault and retaliation by prison workers. ECF No. 1. Plaintiff
captioned his complaint with a header referring to the United States District
Court, Western District of Michigan, but mailed the complaint to the Clerk’s
Office in the Eastern District of Michigan. Id. at PageID.14.
Venue is not proper in this district. Venue lies in the judicial district
where either all defendants reside or where the claim arose. Al-Muhaymin v.
Jones, 895 F. 2d 1147, 1148 (6th Cir. 1990); 28 U.S.C. § 1391(b). For the
convenience of parties and witnesses, in the interests of justice, a district
court may transfer any civil action to any other district or division where it
might have been brought. See United States v. P.J. Dick, Inc., 79 F. Supp.
2d 803, 805-06 (E.D. Mich. 2000) (Gadola, J.); 28 U.S.C. § 1404(a). When
venue is improper, a court may transfer a civil action to the appropriate
federal district court sua sponte. See Schultz v. Ary, 175 F. Supp. 2d 959,
964 (W.D. Mich. 2001).
Not only has he has failed to allege that any of the acts, events, or
omissions which form the basis of his lawsuit took place in this district, see
Miles v. WTMX Radio, 15 F. App’x. 213, 215 (6th Cir. 2001), Plaintiff labeled
the complaint as brought in the Western District of Michigan.1 ECF No. 1,
PageID.1, 12, 13. The incidents complained of occurred in Ionia County,
which is in the Western District of Michigan. 28 U.S.C. § 102(b). Plaintiff’s
exhibits demonstrate the incident arose in that district, as his grievances
contain the code “ICF,” which is the MDOC’s reference for the Ionia
Correctional Facility. See, e.g., id. at PageID.6, 7. The Court concludes that
venue in this lawsuit lies in the United States District Court for the Western
District of Michigan, and the Court orders that the case be transferred to the
Western District of Michigan.
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The Court concludes that Plaintiff’s reference to the Eastern District of
Michigan in his jurisdiction and venue statement, ECF No. 1, PageID.13, is
in error. Regardless, the events took place in Ionia, which governs venue;
and from his repeated use of the court’s name in the caption, it appears that
Plaintiff intended that the complaint be filed in the Western District.
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II. ORDER
For the reasons stated above, 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).
Dated:
June 15, 2020
_s/Arthur J. Tarnow_______
Arthur J. Tarnow
United States District Judge
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