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)

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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.

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Civil Action No. 1: 17-03608

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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

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( 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

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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.

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David A. Faber
Senior United States District Judge

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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.
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