Brown #712722 v. LeBarre et al

Filing 3

ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge Thomas L. Ludington. (DPer) [Transferred from Michigan Eastern on 6/15/2020.]

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
JOSEPH BROWN, No. 712722,

Plaintiff,

Case No. 1:20-cv-11371
Hon. Thomas L. Ludington

v.
JODY LEBARRE, et al,
Defend ants.
___________________________________/
ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF MICHIGAN
Plaintiff Joseph Brown is a Michigan prisoner incarcerated at the Ionia Maximum
Correctional Facility. He has filed a pro se complaint naming Jody LeBarre, Nurse Doolittle,
Warden Davids, CO Roberts, Nurse Fletcher, and Nurse Gaskill as Defendants. Plaintiff alleges
that all the Defendants work at the Ionia facility. He asserts that Defendants refuse to provide him
with a cane in retaliation for his complaints, and that they are deliberately indifferent to his painful
leg condition.
The determination of the proper venue for a civil action in federal court is governed by 28
U.S.C. § 1391. The statute provides that a civil action may be brought in (1) a judicial district in
which any defendant resides; or (2) a judicial district in which a substantial part of the events or
omissions giving rise to the claim occurred. 28 U.S.C. 1391(b). 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.” Cosmichrome, Inc. v. Spectra Chrome, LLC, 504 F. App’x 468, 472
(6th Cir. 2012).

Plaintiff’s facility is located in Ionia County, Michigan where all of the Defendants are
employed. The events giving rise to the complaint are also alleged to have occurred in Ionia
County. Ionia County is located in the Western District of Michigan. 28 U.S.C. § 102(b). The facts
in the complaint indicate that venue would be proper in the Western District rather than in the
Eastern District. The interests of justice would be served by transferring the case to the Western
District where it should have been filed in the first instance. 28 U.S.C. § 1406(a).
Accordingly, it is ORDERED that this case be TRANSFERRED to the United States
District Court for the Western District of Michigan pursuant to 28 U.S.C. §1406(a).
It is noted that Plaintiff’s motion to proceed in forma pauperis has not been decided, 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).

Dated: June 15, 2020

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon Joseph Brown #712722, IONIA MAXIMUM CORRECTIONAL
FACILITY, 1576 W. BLUEWATER HIGHWAY, IONIA, MI 48846 by
first class U.S. mail on June 15, 2020.
s/Kelly Winslow
KELLY WINSLOW, Case Manager

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