Taylor #161123 v. Kimmel

Filing 6

ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge John Corbett O'Meara. (DPer) [Transferred from Michigan Eastern on 12/11/2017.]

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LEON TAYLOR,
Plaintiff,
CASE NO. 5:17-cv-13696
v.
HONORABLE JOHN CORBETT O’MEARA
D. KIMMEL,
Defendant.
___________________________/
ORDER TRANSFERRING THIS CASE TO THE WESTERN DISTRICT OF MICHIGAN
Plaintiff Leon Taylor, a state prisoner currently confined at the Macomb
Correctional Facility in New Haven, Michigan, recently filed a pro se civil rights
complaint under 42 U.S.C. § 1983. The complaint and attached exhibits allege that,
earlier this year while Plaintiff was performing a work assignment at the Carson City
Correctional Facility in Carson City, Michigan, defendant D. Kimmel questioned Plaintiff
in front of other prisoners about a theft of some pants and shorts. Plaintiff claimed to be
innocent of the theft and informed Defendant that he intended to file a grievance against
Defendant.
Plaintiff proceeded to file the grievance, and Defendant filed a prison misconduct
report charging Plaintiff with theft and possession of stolen property. A hearing officer
dismissed the misconduct report, and Plaintiff was awarded back pay for the days that
he missed work pending resolution of his grievance.

He now seeks declaratory,

injunctive, and monetary relief on the basis that Defendant retaliated against him for
filing a grievance against Defendant.

A preliminary question is whether venue is proper in this district. The proper
venue in civil actions 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 property that is the subject of
the action is situated, or (3) any judicial district in which any defendant is subject to the
court’s personal jurisdiction if there is no district in which the action may otherwise be
brought. 28 U.S.C. § 1391(b). Public officials “reside” in the county where they perform
their official duties. O’Neill v. Battisti, 472 F.2d 789, 791 (6th Cir. 1972) (quoting 1
Moore’s Federal Practice 1487-88).
Defendant performs his official duties at the Carson City Correctional Facility,
and this action arose there. Carson City is located in Montcalm County, which lies
within the geographical confines of the Southern Division of the Western District of
Michigan. See 28 U.S.C. § 102(b)(1). Accordingly, venue is proper there, and the Clerk
of the Court is ordered to transfer this case to the Southern Division of the Western
District of Michigan. The Court has not screened this case under 28 U.S.C. §§
1915(e)(2) and 1915A, nor determined whether Plaintiff may proceed without
prepayment of the filing fee.
Date: December 11, 2017

s/John Corbett O’Meara
United States District Judge

I hereby certify that on December 11, 2017 a copy of this order was served upon
Plaintiff using first-class U.S. mail.
s/William Barkholz
Case Manager

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