Gardner v. Corizon Health Inc. et al
ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge Paul D. Borman. (DPer)
Case 2:21-cv-11515-PDB-EAS ECF No. 6, PageID.42 Filed 07/20/21 Page 1 of 3
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 2:21-cv-11515
Hon. Paul D. Borman
CORIZON HEALTH INC.,
ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT
COURT FOR THE WESTERN DISTRICT OF MICHIGAN
Plaintiff Keith Gardiner is a Michigan prisoner incarcerated at the Alger
Maximum Correctional Facility, in Alger County, Michigan. The pro se complaint
names Corizon Health Inc., as well as various individual Defendants employed at
the Alger facility. The complaint asserts that Defendants were deliberately
indifferent to Plaintiff’s knee condition while he was a prisoner at the Alger facility.
The determination of the proper venue for a civil action in federal court is
generally governed by 28 U.S.C. § 1391. Relevant here, the statute provides that a
civil action may be brought in (1) a judicial district in which any defendant resides;
or (2) a judicial district in which a substantial part of the events or omissions giving
rise to the claim occurred. 28 U.S.C. 1391(b)). If venue is improper in the district
Case 2:21-cv-11515-PDB-EAS ECF No. 6, PageID.43 Filed 07/20/21 Page 2 of 3
where a case is filed, but would be proper in another district, “a district court has the
power to sua sponte transfer [the] case.” Cosmichrome, Inc. v. Spectra Chrome, LLC,
504 F. App’x 468, 472 (6th Cir. 2012).
Plaintiff’s facility is located in Alger County, Michigan, where all the
individually named Defendants are employed. The events giving rise to the
complaint are also alleged to have occurred in Alger County. Alger County is part
of the Western District of Michigan. 28 U.S.C. § 102(b). Because there is no
apparent basis for venue to lie in this district, but there are facts in the complaint
suggesting that venue would be proper in the Western District, the Court finds that
the interests of justice would be served by transferring the case to the district where
it should have been filed in the first instance. 28 U.S.C. § 1406(a).
IT IS ORDERED that this case be transferred to the United States District
Court for the Western District of Michigan pursuant to 28 U.S.C. §1406(a).
It is noted that the Court has not decided Plaintiffs’ motion to proceed in forma
pauperis, nor has the Court reviewed Plaintiffs’ complaint under 28 U.S.C. §§
1915(e)(2), 1915A, or under 42 U.S.C. §1997e(c).
Finally, the Court has not decided whether this action should be consolidated
with a similar case filed by Plaintiff concerning a different medical condition arising
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at the Alger facility. See Gardiner v. Corizon, E.D. Michigan Civil No. 21-11567.
s/Paul D. Borman
Hon. Paul D. Borman
United States District Judge
Dated: July 20, 2021
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