WOODWARD v. BRADFORD REGIONAL MEDICAL CENTER et al

Filing 2

OPINION. Signed by Judge Noel L. Hillman on 2/27/17. (jbk, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
______________________________
:
:
:
Plaintiff,
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v.
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:
BRADFORD REG’L MED. CTR.,
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et al.,
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Defendants.
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______________________________:
D'METRIUS WOODWARD,

Civ. No. 17-1297 (NLH)
MEMORANDUM OPINION

APPEARANCES:
D'Metrius Woodward
22312-014
Fort Dix
Federal Correctional Institution
Inmate Mail/Parcels
East: P.O. Box 2000
Fort Dix, NJ 08640
Plaintiff Pro se
HILLMAN, District Judge
THIS MATTER having been opened by the Court sua sponte, and
it appearing that:
1.

Plaintiff D’Metrius Woodward, an inmate confined at the

Federal Correctional Institution in Fort Dix, New Jersey at the
time of filing, seeks to bring this civil action in forma
pauperis, without prepayment of fees or security, asserting
claims pursuant to Bivens v. Six Unknown Named Agents, 403 U.S.
388 (1971).

2.

The Complaint relates only to incidents which occurred

while Plaintiff was a prisoner at Federal Correctional
Institution McKean, in Lewis Run, Pennsylvania.

Plaintiff names

employees of FCI McKean as defendants, as well as the local
hospital.
3.

A civil action wherein jurisdiction is not founded

solely on diversity of citizenship is properly brought in: "(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 a
substantial part of property that is the subject of the action
is situated; or (3) if there is no 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."
U.S.C. § 1391(b).

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The court may transfer a case "(f]or the

convenience of parties and witnesses, in the interest of
justice, ... to any other district or division where it might
have been brought."

28 U.S.C. § 1404(a).

The court may raise

venue and issue a Section l404(a) transfer order sua sponte.
See e.g., Arnica Mut. Ins. Co. v. Fogel, 656 F.3d 167 (3d Cir.
2011).

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4.

Here, it does not appear that any of the events or

omissions giving rise to Plaintiff’s claims occurred in New
Jersey.

The Court considers the allegations in the Complaint

and finds the interests of justice favor transferring the action
to the United States District Court for the District of Western
Pennsylvania, where the defendants are located and where, based
upon the allegations, it appears that all of the events took
place.
5.

An appropriate order follows.

Dated: February 27, 2017
At Camden, New Jersey

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

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