Huot v. Montana State Department of Child and Family Services et al

Filing 9

ORDER TRANSFERRING CASE TO The United States District Court for the District of Montana from the Southern District of West Virginia Signed by Judge David A. Faber, Senior US District Judge for the Souther District of West Virginia on 7/19/2017. (Attachments: # 1 Complaint) (ELL)

Download PDF
Case 1:17-cv-03608 Document 7 Filed 07/19/17 Page 1of3 PagelD #: 29 IN THE UNITED ST A TES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BLUEFIELD DIVISION SAFRON HUOT, Plaintiff, v. MONTANA STATE DEPARTMENT OF CHILD AND FAMILY SERVICES, et al.,) Defendants. ) ) ) ) ) ) Civil Action No. 1: 17-03608 ) ) ORDER TRANSFERRING CASE On July 11, 2017, Plaintiff, proceeding pro se, filed her Complaint (Document No. 1), "Consent to Jurisdiction" (Document No. 2), Motion to Proceed In Forma I'auperis (Document No. 3), Motion for Appointment of Counsel (Document No. 4), and "Motion to Set Aside Adoption & Reinstate Full Parental Rights" (Document No. 5). In her Complaint, Plaintiff appears to seek relief for alleged violations of her constitutional and civil rights pursuant to 42 U.S.C. § 1983. (Document No. 1.) Specifically, Plaintiff alleges that her rights were violated during State court proceedings that resulted in the termination of her parental rights and the adoption of her children. (.!.Q,,, pp. 5 - 11.) As defendants, Plaintiff names the following: (I) Montana State Department of Child and Family Services; (2) Montana Supreme Court; (3) Deer Lodge County District Court of Montana; (4) Judge Ray Dayton; (5) Cal Boyal; (6) Cindy Johnson; (7) Deer Lodge Medical Center; (8) Wayne R. Martin, M.D.; (9) Susanne M. Clague; (10) Ben Krakowka; (11) Susan Day, PH.D.; (12) Dave Fenchak; (13) Mary Jo Fortner; and (14) Roger Fortner. (Id., pp. l - 4.) Pursuant to 28 U.S.C. § 1391(b), a Section 1983 or Bivens claim "may be brought only in Case 1:17-cv-03608 Document 7 Filed 07/19/17 Page 2 of 3 PagelD #: 30 ( 1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district 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 judicial district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action." See Stafford v. Briggs, 444 U.S. 527, I 00 S.Ct. 774, 63 L.Ed.2d 1 (l 980)(finding that the venue provisions relating to civil actions in which a defendant is an officer or employee of the United States or any agency thereof acting in his official capacity or under color of legal authority are not applicable to actions for money damages brought against federal official in their individual capacities); also see Howard v. Birchfiled, 2009 WL 3617224 (W.D.Okla. Oct. 28, 2009)("Because 42 U .S.C. § 1983 does not contain a specific venue provision, venue for a § 1983 action is determined by the general venue statute, 28 U .S.C. § 1391 (b )."); Byrd v. United States, 2010 WL 4922519 (E.D.Va. 2010)(finding that Bivens actions are governed by Section 139l(b)). The Court first finds that all parties are residents of Montana. Upon initial screening, the undersigned has determined that Plaintiff is challenging substantial events that occurred in Anaconda, Montana. Anaconda is located in Deer Lodge County, which is located in the Butte Division of the District of Montana. Accordingly, the United States District Court for the District of Montana, Butte Division, would be the proper venue with jurisdiction over Plaintiffs claims. See 28 U.S.C. § 1391. For reasons appearing to the Court, and pursuant to 28 U.S.C. § 1404(a), this matter is hereby TRANSFERRED to the United States District Court for the District of Montana for 2 Case 1:17-cv-03608 Document 7 Filed 07/19/17 Page 3 of 3 PagelD #: 31 further consideration. 1 The Clerk is directed lo transmit Plaintiff's file to the following address: Clerk of Courts United States District Court for the District of Montana James F. Battin Federal Courthouse 2601 2"d Avenue North Billings, Montana 59101 Plaintiff is hereby advised that this matter will be assigned a new case number and will be assigned to a new judicial oflicer by the Clerk's Office for the United States District Court for the District of Montana. The Clerk is directed to mail a copy of this Order to Plaintiff. ENTER: July 19, 2017. ~ .. ,:J a .sx•.t ,..... David A. Faber Senior United States District Judge 1 The undersigned notes that this Court has neither made a determination concerning the merits of Plaintiffs Complaint, nor has the Court ordered a response from Defendants. 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?