Courtney #444293 v. Michigan Department of Corrections et al

Filing 2

ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge Avern Cohn. (DPer) [Transferred from Michigan Eastern on 6/10/2015.]

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

BRIAN COURTNEY,
Plaintiff,
Case No. 15-12041
HON. AVERN COHN

V.
MICHIGAN DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.
_____________________________________/

ORDER OF TRANSFER TO THE WESTERN DISTRICT OF MICHIGAN
I.
This is a prisoner civil rights case under 42 U.S.C. § 1983. Plaintiff claims that
defendants, the Michigan Department of Corrections, its director, and several its
employees and/or contractors stationed at the facility in which he is incarcerated, have
violated his constitutional rights regarding the food service. For the reasons that follow,
the case will be transferred to the United States District Court for the Western District of
Michigan because venue is not proper in this district.
II.
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. § 1391(b). Public officials "reside" in
the county where they serve. See O'Neill v. Battisti, 472 F. 2d 789, 791 (6th Cir. 1972).

Here, plaintiff is incarcerated at the Kinross Correctional Facility in Kincheloe,
Michigan. This facility is located in Chippewa County. Chippewa County is within the
Western District of Michigan. The named defendants reside in Chippewa and Ingham
Counties, both of which are in the Western District of Michigan. Thus, the proper venue
is the federal district court in the Western District of Michigan.
"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)). The Court may transfer venue of a lawsuit on its
own for the convenience of parties or witnesses. See Sadighi v. Daghighfekr, 36 F.
Supp. 2d 267, 278 (D.S.C. 1999).
Here, both for the convenience of the parties and witnesses, as well as in the
interests of justice, require that this case be transferred to the Western District of
Michigan.
Accordingly, the Clerk of the Court shall TRANSFER this case to the Western
District of Michigan under 28 U.S.C. § 1404(a).
SO ORDERED.
S/Avern Cohn
UNITED STATES DISTRICT JUDGE
Dated: June 9, 2015
I hereby certify that a copy of the foregoing document was mailed to the attorneys of
record on this date, June 9, 2015, by electronic and/or ordinary mail.
S/Sakne Chami
Case Manager, [phone]

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