Sparks v. Prison Health Services, Incorporated et al CASE TRANSFERRED

Filing 11

ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge John Corbett O'Meara. (DPer)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRIAN J. SPARKS, Plaintiff, v. PRISON HEALTH SERVICES, INC., et al., Defendants. ________________________________________/ ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN Pending before the Court is Plaintiff Brian J. Sparks's pro se civil rights complaint brought pursuant to 42 U.S.C. § 1983. Plaintiff is a Michigan prisoner currently incarcerated at the G. Robert Cotton Correctional Facility in Jackson, Michigan. In his complaint, Plaintiff raises a denial of medical care claim regarding his eyes. The allegations occurred at the Bellamy Creek Correctional Facility in Ionia, Michigan, and continue to occur. 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 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. 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). Pursuant to 28 U.S.C. § 1404(a), a district court may transfer a civil action to any other district where it might have been brought for the convenience of the parties and witnesses, in the interest of justice. Case No. 10-CV-11402 Honorable John Corbett O'Meara Having reviewed the complaint, the Court finds that the United States District Court for the Western District of Michigan is a more appropriate forum for this action. The Defendants reside in Ionia County for purposes of the present complaint. Ionia County lies in the Southern Division of the Western District of Michigan. See 28 U.S.C. § 102(b). 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. 28 U.S.C. §§ 1391(b) and 1404(a). s/John Corbett O'Meara United States District Judge Date: June 17, 2010 I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, June 17, 2010, using the ECF system and/or ordinary mail. s/William Barkholz Case Manager -2-

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