Harris v. Michigan Department of Corrections et al

Filing 4

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

Case 2:21-cv-12104-LJM-PTM ECF No. 4, PageID.26 Filed 09/17/21 Page 1 of 3

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EDAVEON HARRIS,
Plaintiff,
v.

Case No. 21-cv-12104
Honorable Laurie J. Michelson

MICHIGAN DEPARTMENT OF
CORRECTIONS and MILLER,
Defendants.
ORDER TRANSFERRING CASE TO THE UNITED STATES
DISTRICT COURT FOR THE WESTERN DISTRICT OF
MICHIGAN
Pro se prisoner Edaveon Harris sued the Michigan Department of
Corrections and correctional officer Miller for alleged violations of Harris’s
constitutional rights under 42 U.S.C. § 1983. Harris is presently confined at
the Carson City Correctional Facility in Carson City, Michigan. Having
reviewed the complaint, the Court concludes that venue is not proper in this
district and transfers the case to the United States District Court for the
Western District of Michigan pursuant to 28 U.S.C. § 1406(a).
The proper venue for civil actions in which jurisdiction is not based on
diversity of citizenship is 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

Case 2:21-cv-12104-LJM-PTM ECF No. 4, PageID.27 Filed 09/17/21 Page 2 of 3

property in question is situated; or (3) any defendant may be found if there is
no other district in which plaintiff may bring the action. See 28 U.S.C. §
1391(b). Public officials “reside” in the county where they serve. See O’Neill v.
Battisti, 472 F.2d 789, 791 (6th Cir. 1972). “[T]he court must determine
whether the case falls within one of the three categories set out in § 1391(b). If
it does, venue is proper; if it does not, venue is improper, and the case must be
dismissed or transferred under § 1406(a).” Atlantic Marine Const. Co. v. U.S.
Dist. Court for W. Dist. Of Texas, 571 U.S. 49, 55 (2013). If venue is improper
in the district where a case is filed, but would be proper in another district, “a
district court has the power to sua sponte transfer [the] case” under section
1406(a). Cosmichrome, Inc. v. Spectra Chrome, LLC, 504 F. App’x 468, 472 (6th
Cir. 2012).
The complaint names two defendants, the Michigan Department of
Corrections (MDOC) and correctional officer Miller. MDOC is based in
Lansing, Michigan in Ingham County. Miller is employed at the Carson City
Correctional Facility in Montcalm County. Both Lansing and Carson City are
in the Western District of Michigan. See 28 U.S.C. § 102(b)(1). Nothing in the
complaint indicates that the relevant facts took place in the Eastern District
of Michigan. (See ECF No. 1, PageID.7.) Because both defendants reside in the
Western District and Harris alleges that all events giving rise to this action
took place in the Western District, venue is not proper in the Eastern District.
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Case 2:21-cv-12104-LJM-PTM ECF No. 4, PageID.28 Filed 09/17/21 Page 3 of 3

The case will therefore be transferred to the Western District of Michigan,
where venue is proper.
The Clerk of Court is ordered to transfer this case to the United States
District Court for the Western District of Michigan.
SO ORDERED.
Dated: September 17, 2021
s/Laurie J. Michelson
LAURIE J. MICHELSON
UNITED STATES DISTRICT JUDGE

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