Wilson v. State of North Carolina et al

Filing 4

ORDER construing 3 Motion to Change Venue as a Motion for Voluntary Dismissal and is GRANTED to the extent that this action is Dismissed without Prejudice to Plaintiff to pursue his claims in NC state court. Signed by Chief Judge Frank D. Whitney on 2/9/2015. (Pro se litigant served by US Mail.)(tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15-cv-52-FDW
MAURICE Q. WILSON,

)
)
Plaintiff,
)
)
vs.
)
)
STATE OF NORTH CAROLINA,
)
ERWIN CARMICHAEL,
)
ROY COOPER, NORTH CAROLINA
)
ATTORNEY GENERAL,
)
)
Defendants.
)
__________________________________________)

ORDER

THIS MATTER is before the Court on the pro se Plaintiff’s “Motion to Change Venue.”
(Doc. No. 3). Pro se Plaintiff Maurice Q. Wilson, a pre-trial detainee currently incarcerated at
the Mecklenburg County Jail, filed this action on January 30, 2015. This action is titled in the
caption as a “Notice and Petition for Joinder of Claims Seeking Inquiry into Restraints on
Liberty.” (Doc. No. 1 at 1). While it is not clear in the Complaint what claims Plaintiff is
attempting to bring, apparently he is attempting to claim that he is being unlawfully detained in
the Mecklenburg County Jail. Plaintiff seeks “a judicial decision following all facts and issues
tried by the common law jury of North Carolina.” (Id. at 4). Plaintiff also requests “for these
proceedings to be remitted and transferred to the common law court of Mecklenburg County
Courthouse so that service of process can be immediately issued on all Respondents compelling
their appearances, answers, defenses, pleading, or settle.” (Id.). On February 6, 2015, Plaintiff
filed the pending “Motion to Change Venue,” in which he states that he “object[s] to this United
States District Court assumed jurisdiction to issue or render potential judgment and therefore
request that this matter which has been assigned the docket number 3:15-cv-52 be removed from
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the United States District Court and therefore remitted to the Superior Court for law and equity
of North Carolina Republican . . . .” (Doc. No. 3 at 1).
Here, the Court first finds that, to the extent that Plaintiff seeks an order from this Court
“changing” the venue from this Court to the North Carolina state courts, this Court does not have
authority to transfer venue to the North Carolina state courts. The Court will, therefore,
construe Plaintiff’s motion as a motion for voluntary dismissal under Rule 41 of the Federal
Rules of Civil Procedure, and this Court will dismiss this action without prejudice to Plaintiff to
re-file this action in the state courts of North Carolina if Plaintiff so wishes.
IT IS THEREFORE ORDERED that:
1.

Plaintiff’s Motion to Change Venue (Doc. No. 3) which this Court construes as a
motion for voluntary dismissal is GRANTED to the extent that this action is
dismissed without prejudice to Plaintiff to pursue his claims in the North Carolina
state courts if he so wishes.

2.

Plaintiff’s Application to Proceed in Forma Pauperis, (Doc. No. 2), is
GRANTED for the limited purpose of this order.

3.

The Clerk is instructed to terminate this action.

Signed: February 9, 2015

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