Hogan v. State of Mississippi et al

Filing 12

ORDER granting in part and denying in part 6 Motion to Change Venue; transferring cause to USDC, Southern District of Mississippi. Signed by District Judge Debra M. Brown on 4/20/2018. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
TIMOTHY HOGAN

PLAINTIFF

V.

NO. 4:17-CV-175-DMB-JMV

STATE OF MISSISSIPPI, et al.

DEFENDANTS

ORDER TRANSFERRING CASE
On December 11, 2017, Timothy Hogan filed a complaint against numerous defendants1
alleging constitutional violations arising out of an alleged attack he suffered while incarcerated at
the South Mississippi Correctional Institution. Doc. #1; Doc. #1-1 at 2. On February 19, 2018,
the State of Mississippi and the Mississippi Department of Corrections (“MDOC”) answered the
complaint, raising as a defense that venue in the Northern District of Mississippi is improper. Doc.
#4 at 1. On March 2, 2018, the State and MDOC filed a “Motion to Transfer Venue and for Stay.”
Doc. #6. Hogan did not respond to the motion.
On April 13, 2018, the Court received an e-mail from counsel for the State and MDOC,
Tommy D. Goodwin, advising that Hogan agreed to transfer this case to the Southern District of
Mississippi. Goodwin’s e-mail included a proposed agreed order granting the motion to transfer,
which is signed and approved by all counsel of record.
Because the parties consent and stipulate that venue is proper in the Southern District of
Mississippi, and that this case should be transferred to the Southern District of Mississippi,
Southern Division, the motion to transfer [6] is GRANTED in Part and DENIED in Part. The
motion is GRANTED to the extent it seeks transfer of this case to the Southern District of

1
Hogan names as defendants the State, the Mississippi Department of Corrections, Clifton Wallace, Officer Betty
LNU, Officer FNU Wittaker, and two unknown Mississippi Department of Corrections officers. Doc. #1.

Mississippi. The motion is DENIED as moot to the extent it seeks a stay. The Clerk of the Court
is DIRECTED to transfer this case to the Southern District of Mississippi, Southern Division.
SO ORDERED, this 20th day of April, 2018.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE

2