Staffney #862514 v. Bellamy Creek Correctional Facility
ORDER TRANSFERRING CIVIL RIGHTS COMPLAINT TO THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN. Signed by District Judge Sean F. Cox. (SSch) [Transferred from Michigan Eastern on 3/24/2017.]
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
MARQUAN D. STAFFNEY,
Case No. 2:17-cv-10690
Hon. Sean F. Cox
BELLAMY CREEK CORRECTIONAL
ORDER TRANSFERRING CIVIL RIGHTS COMPLAINT TO THE UNITED STATES
DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
Marquan D. Staffney, a Michigan Prisoner currently residing at the Baraga Maximum
Correctional Facility in Baraga, Michigan, filed this civil rights complaint pursuant to 42 U.S.C. §
1983. The complaint asserts that various employees of the Michigan Department of Corrections,
employed at the Bellamy Creek Facility, violated his Eighth and Fourteenth Amendment rights when
he was punished for prison rule violations that he did not commit. For the reasons stated below, the
Court will transfer this matter to the Western District of Michigan for further proceedings.
The Defendants reside in Ionia County, Michigan, where the Bellamy Creek Correctional
Facility is located. The events described in the complaint also are alleged to have occurred in Ionia
County. The proper venue for civil actions is in 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 the plaintiff may bring the action. 28 U.S.C. §
“For the convenience of parties and witnesses, in the interest of justice, a district court may
transfer any civil action to any other district or division where the action might have been brought.”
See Weatherford v. Gluch, 708 F. Supp. 818, 819 (E.D. Mich. 1988) (quoting 28 U.S.C. § 1404(a)).
Venue of a lawsuit may be transferred sua sponte for the convenience of parties or witnesses. See
Sadighi v. Daghighfekr, 36 F. Supp. 2d 267, 278 (D.S.C. 1999).
The Court concludes that both for the convenience of the parties and witnesses, as well as
in the interests of justice, the present matter must be transferred to the Western District of Michigan
where the defendants are located and the events in the complaint are alleged to have occurred. This
Court lacks venue for the § 1983 claims against defendants. See Mihalek Corp. v. State of Mich., 595
F. Supp. 903, 906 (E.D. Mich. 1984).
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 pursuant to 28 U.S.C. § 1404(a).
It is noted that this Court has not decided whether Plaintiff may proceed in this action in
forma pauperis, nor has the Court reviewed Plaintiff’s complaint under 28 U.S.C. §§ 1915(e)(2),
1915A, or under 42 U.S.C. § 1997e(c).
IT IS SO ORDERED.
Dated: March 23, 2017
s/Sean F. Cox
Sean F. Cox
U. S. District Judge
I hereby certify that on March 23, 2017, the foregoing document was served on counsel of record
via electronic means and upon Marquan D. Staffney via First Class mail at the address below:
Marquan D. Staffney
BARAGA MAXIMUM CORRECTIONAL FACILITY
13924 WADAGA ROAD
BARAGA, MI 49908
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