Hedgepeth v. Wagoner et al

Filing 4

ORDER transferring this action, in its entirety, to the United States District Court for the Middle District of North Carolina, and close the action in this Court. Signed by Chief Judge Frank D. Whitney on 4/11/2017. (Pro se litigant served by US Mail.)(nvc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:17cv64-FDW
FREDERICK S. HEDGEPETH,

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Plaintiff,
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vs.
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ANNA MILLS WAGONER, et al.,
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Defendants.
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____________________________________)

ORDER

THIS MATTER is before the Court upon initial review of Frederick S. Hedgepeth’s pro
se Complaint, which he contends is a “civil action authorized by 42 U.S.C. §§ 1981, 1985(3).”
(Compl. 2, Doc. No. 1.)
Hedgepeth is a prisoner of the State of North Carolina, currently incarcerated at
Alexander Correctional Institution, which is within the territorial jurisdiction of the Western
District of North Carolina. His county of conviction, however, was Rowan County, which is in
the territorial jurisdiction of the Middle District of North Carolina.1 Furthermore, Defendant
Anna Mills Wagoner is identified in Hedgepeth’s filings as a Rowan County Superior Court
Judge, and Defendant Brandy Cook is identified as a Rowan County “prosecutor.” (Pl.’s Ex. B
5, Doc. No. 1-1.) Finally, it appears that “a substantial part of the [alleged] events or omissions
giving rise to the [action] occurred”, 28 U.S.C. § 1391(b)(2), in Rowan County, North Carolina.
Based on the foregoing, the Court finds that venue is proper in the Middle District of

See N.C. Dep’t of Pub. Safety Offender Pub. Info.,
http://webapps6.doc.state.nc.us/opi/ofendersearch.do?method=view, (last visited April 11, 2017).
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North Carolina. Accordingly, the Clerk of Court shall be directed to transfer the above captioned
action to the Middle District of North Carolina. See 28 U.S.C. § 1404(a).
IT IS, THEREFORE, ORDERED that the Clerk of Court shall transfer the abovecaptioned action, in its entirety, to the United States District Court for the Middle District of
North Carolina, and close the action in this Court.

Signed: April 11, 2017

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