Martin #794831 v. Unknown Part(y)(ies)

Filing 4

ORDER TRANSFERRING CASE to the Eastern District of Michigan; signed by Magistrate Judge Ray Kent (fhw)

Case 1:22-cv-00383-RSK ECF No. 4, PageID.10 Filed 05/09/22 Page 1 of 2

MaUNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
CHRISTIEN D. MARTIN,
Plaintiff,

Case No. 1:22-cv-383

v.

Honorable Ray Kent

UNKNOWN PART(Y)(IES),
Defendant.

____________________________/
ORDER OF TRANSFER
This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. Plaintiff
presently is incarcerated at the St. Louis Correctional Facility (SLF) in St. Louis, Gratiot County,
Michigan. The events giving rise to Plaintiff’s action appear to have occurred at that facility.
Plaintiff sues Unknown Part(y)(ies) who are presumably at SLF. In his pro se complaint, Plaintiff
alleges that Defendants have retaliated against him for his prior civil rights actions and grievances.
Under the revised venue statute, venue in federal-question cases lies in the district in which
any defendant resides or in which a substantial part of the events or omissions giving rise to the
claim occurred. 28 U.S.C. § 1391(b). The events underlying the complaint occurred in Gratiot
County. Defendants are public officials serving in Gratiot County, and they “reside” in that county
for purposes of venue over a suit challenging official acts. See Butterworth v. Hill, 114 U.S. 128,
132 (1885); O’Neill v. Battisti, 472 F.2d 789, 791 (6th Cir. 1972). Gratiot County is within the
geographical boundaries of the Eastern District of Michigan. 28 U.S.C. § 102(a). In these
circumstances, venue is proper only in the Eastern District. Therefore:

Case 1:22-cv-00383-RSK ECF No. 4, PageID.11 Filed 05/09/22 Page 2 of 2

IT IS ORDERED that this case be transferred to the United States District Court for the
Eastern District of Michigan pursuant to 28 U.S.C. § 1406(a). It is noted that Plaintiff has
neither paid the filing fee nor filed a motion to proceed 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).

Dated:

May 9, 2022

/s/ Ray Kent
Ray Kent
United States Magistrate Judge