Holbrook #767925 v. Pols, et al

Filing 3

Order Transferring Action to Southern Division of the Western District of Michigan - The plaintiff has not paid the filing fee nor has he sought leave to proceed in forma pauperis. Based on the foregoing, the above action is now TRANSFERRED to the United States District Court for the Southern Division of the Western District of Michigan at Grand Rapids, Michigan. Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 5/18/2016.(JLS)[Transferred from Indiana Southern on 5/19/2016.]

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

CHARLES JUDSON HOLBROOK,
Plaintiff,
vs.
TIMOTHY POLS Officer,
WYOMING POLICE DEPARTMENT,
WYOMING, MICHIGAN City Of,
Defendants.

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No. 1:16-cv-01217-TWP-DKL

Order Transferring Action to Southern Division of the Western District of Michigan
Plaintiff Charles Judson Holbrook is incarcerated at the Chippewa Correctional Facility
in Kincheloe, Michigan. He brings this civil rights action against a Wyoming, Michigan police
officer, the Wyoming Police Department, and the City of Wyoming. Wyoming, Michigan is
located in Kent County, Michigan.
When jurisdiction is not founded solely on diversity, venue is proper only in the district
in which (1) any defendant resides, if all of the defendants are residents of the State in which the
district is located, (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
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).

Another statute, 28 U.S.C. § 1404, provides: “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 it might have been brought ….”
Kent County lies in the Southern Division of the Western District of Michigan. 28 U.S.C.
§ 102(b)(1). The acts the plaintiff alleges in support of his claims took place in that District and
the defendants reside in that District. There is no basis on which this case can or should proceed
in this Court.
The plaintiff has not paid the filing fee nor has he sought leave to proceed in forma
pauperis. Based on the foregoing, the above action is now TRANSFERRED to the United
States District Court for the Southern Division of the Western District of Michigan at Grand
Rapids, Michigan.

Date: 5/18/2016

Distribution:
CHARLES JUDSON HOLBROOK
767925
CHIPPEWA CORRECTIONAL FACILITY
Inmate Mail/Parcels
4269 W. M-80
Kincheloe, MI 49784
NOTE TO CLERK: PROCESSING THIS DOCUMENT REQUIRES ACTIONS IN ADDITION TO DOCKETING AND DISTRIBUTION.