Kim v. American Campus Communities et al

Filing 3

ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge Arthur J. Tarnow. (DPer) [Transferred from Michigan Eastern on 10/8/2014.]

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOO HWANG KIM,
Plaintiff,

Case No. 14-13648
HONORABLE ARTHUR J. TARNOW
SENIOR UNITED STATES DISTRICT JUDGE

v.
AMERICAN CAMPUS COMMUNITIES, et
al.,

HONORABLE DAVID R. GRAND
UNITED STATES MAGISTRATE JUDGE

Defendants.
______________________________/
ORDER TRANSFERRING CASE TO WESTERN DISTRICT OF MICHIGAN
Before the Court is Plaintiff’s Complaint [1] and Application to Proceed in
Forma Pauperis [2]. For the reasons that follow, the case is transferred to the Western
District of Michigan.
Venue is proper in the judicial district where either 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). If a Plaintiff files a case in the wrong district, the court “shall
dismiss, or if it be in the interest of justice, transfer such case to any district or
division in which it could have been brought.” 28 U.S.C. § 1406(a). A district court
may transfer a case sua sponte. Carver v. Knox County, Tenn., 887 F.2d 1287, 1291
(6th Cir. 1989).

The only named Defendant in this action is a Texas corporation. The events
that gave rise to Plaintiff’s claim occurred in the Western District of Michigan.
Accordingly, the Court being fully advised in the premises,
IT IS HEREBY ORDERED that this case is TRANSFERRED to the Western
District of Michigan.
SO ORDERED.
s/Arthur J. Tarnow
ARTHUR J. TARNOW
SENIOR U.S. DISTRICT JUDGE
Dated: October 7, 2014

____________________________________________________________
CERTIFICATE OF SERVICE
I hereby certify on October 7, 2014 that I electronically filed the foregoing
paper with the Clerk of the Court sending notification of such filing to all counsel
registered electronically. I hereby certify that a copy of this paper was mailed to the
following non-registered ECF participants on October 7, 2014: Joo Hwang Kim.
s/Michael E. Lang
Case Manager to
District Judge Arthur J. Tarnow
[phone]

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