SHORTER v. UNITED STATES OF AMERICA et al
Filing
20
OPINION. Signed by Judge Renee Marie Bumb on 3/25/2019. (tf, n.m.)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
CHRISTOPHER SHORTER,
Plaintiff
v.
UNITED STATES OF AMERICA,
et al.,
Defendants
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CIV. NO. 17-8911(RMB)
OPINION
BUMB, DISTRICT JUDGE
I.
BACKGROUND
On
October
(“Plaintiff”),
a
23,
2017,
prisoner
Plaintiff
incarcerated
Christopher
in
the
Shorter
Federal
Correctional Institution in Miami Florida (“FCI Miami”) at the
time of filing, filed a civil rights complaint against prison
officials at the Federal Correctional Institution (“FCI”) Fort
Dix, in Fort Dix, New Jersey and an FTCA claim against the United
States. (Compl., ECF No. 1.)
On May 15, 2018, the Court granted Plaintiff’s renewed IFP
application and her motion for leave to file an amended complaint.
(Order, ECF No. 6.) The Court screened the Amended Complaint
pursuant to 28 U.S.C. §§ 1915(e)(2)(B); 1915A and allowed several
claims to proceed. (Opinion, Order, ECF Nos. 9, 10.)
This matter comes before the Court upon Plaintiff’s motion to
transfer venue to the Northern District of Florida, pursuant to 28
U.S.C. § 1404(a). (Mot. to Transfer Venue, ECF No. 14.) For the
reasons discussed below, the Court will grant Plaintiff’s motion
to transfer venue.
II.
DISCUSSION
Plaintiff
was
confined
in
the
Federal
Correctional
Institution in Miami, Florida when she filed this action. (Mot. to
Transfer, ECF No. 14.) On February 14, 2019, Plaintiff was released
from custody and now resides in Quincy, Florida, within the
jurisdiction of the Northern District of Florida, Tallahassee
Division. (Id. at 1.) Pursuant to 28 U.S.C. § 1404(a), Plaintiff
seeks to transfer this action to the United States District Court,
Northern District of Florida, Tallahassee Division as a more
convenient venue for Plaintiff to prosecute this action. (Id. at
1-2.) The burden of demonstrating the most convenient forum is on
the movant. Lacey v. Cessna Aircraft Co., 862 F.2d 38, 42-43 (3d
Cir. 1988). Defendants did not oppose the motion to transfer.
28 U.S.C. § 1404(a) provides:
(a) For the convenience of parties and
witnesses, in the interest of justice, a
district court may transfer any civil action
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to any other district or division where it
might have been brought or to any district or
division to which all parties have consented.
The Northern District of Florida, Tallahassee Division is the
District in which Plaintiff now lives and is the most convenient
forum for Plaintiff. Plaintiff is a pro se litigant who has
recently been released from prison and was granted
in forma
pauperis status to maintain a civil action in the District of New
Jersey after establishing her financial eligibility. (Order, ECF
No. 6.) Although the individual defendants reside in New Jersey
and the actions giving rise to the Amended Complaint occurred in
New Jersey, the defendants have not opposed the motion to transfer.
“[T]he
ultimate
inquiry
is
where
trial
will
best
serve
the
convenience of the parties and the ends of justice.” Lacey, 862
F.2d at 42. The Court finds that Plaintiff’s pro se status, lack
of financial resources, and her release from prison to a residence
within the Northern District of Florida, Tallahassee Division
makes that District Court the most convenient forum.
III. CONCLUSION
The Court will grant Plaintiff’s motion to transfer venue to
the United States District Court, Northern District of Florida,
Tallahassee Division.
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An appropriate Order follows.
Date: March 25, 2019
s/Renée Marie Bumb
RENÉE MARIE BUMB
United States District Judge
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