Bevins v. Becker County, Minnesota et al

Filing 4

Memorandum of Opinion and Order. The Northern District of Ohio is not the proper venue for this action as the Defendants are all residents of Minnesota and the events giving rise to the Complaint occurred in Minnesota. Accordingly, this action is transferred to the United States District Court for the District of Minnesota. Judge John R. Adams on 12/20/2016. (M,TL) [Transferred from Ohio Northern on 12/22/2016.]

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

COREY BEVINS,

)
)
Plaintiff,
)
)
v.
)
)
BECKER COUNTY, MINNESOTA, et al., )
)
Defendants.
)

CASE NO. 4:16 CV 2942
JUDGE JOHN R. ADAMS

MEMORANDUM OF OPINION
AND ORDER

Pro se Plaintiff Corey Bevins filed this action against Becker County, Minnesota, the
Becker County Jail, the Becker County Sheriff’s Department, the Becker County Sheriff, Former
Becker County Jail Manager Randy Hodges, three Unknown Becker County Jail Staff Officers,
Unknown Staff in the Becker County Jail Medical Department, and Essentia Health - St. Mary’s
Hospital. In the Complaint, Plaintiff alleges Becker County Jail employees provided negligent
medical care resulting in his hospitalization in the intensive care unit (“ICU”). He seeks
monetary relief.
The Northern District of Ohio is not the proper venue for this action. A civil action may
be brought only in: (1) a judicial district where any Defendant resides, if all Defendants reside in
the state in which the Court is located, (2) a judicial district in which a substantial part of the
events or omissions giving rise to the claim occurred, or (3) if there is no district in which an
action may otherwise be brought as provided by this section, any judicial district in which any

Defendant is subject to the Court’s personal jurisdiction with respect to the action brought. 28
U.S.C. § 1391(b). Here, the Defendants are all residents of Minnesota. The events giving rise to
the Complaint occurred in Minnesota.
Title 28 U.S.C. § 1406(a) provides that an improperly venued action shall be dismissed
unless it is “in the interest of justice” that it be transferred to a district or division in which it
could have been brought. For the reasons stated below, the Court finds that it would be in the
interest of justice to transfer this matter.
Accordingly, this action is transferred to the United States District Court for the District
of Minnesota.
IT IS SO ORDERED.

Date: December 20, 2016

/s/ John R. Adams
JOHN R. ADAMS
UNITED STATES DISTRICT JUDGE

-2-