Fields v. Cottrill et al
Filing
4
MEMORANDUM OPINION AND ORDER denying 3 Motion to Change Venue. Signed by Senior Judge Peter C Economus on 6/10/2014. (ds)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
GERALD D. FIELDS,
Plaintiff,
v.
KELLY J. COTTRILL, et al.,,
Defendants.
Case No. 2:14-cv-483
Judge Peter C. Economus
Magistrate Judge Elizabeth P. Deavers
MEMORANDUM OPINION AND ORDER
This matter is before the Court for consideration of Plaintiff’s Objection to the Magistrate
Judge’s Deficiency Order and Request for Change of Venue. (Dkt. 3.) Plaintiff filed his
Complaint in this action on May 21, 2014. (Dkt. 1.) Along with his Complaint, Plaintiff
provided a handwritten Motion to Proceed In Forma Pauperis and affidavit in support. Plaintiff
lists his address as “1800 Harmon Ave, P.O. Box 23651, Columbus, Ohio 43223-3651.” (Id.)
This is the address for the Franklin Pre-Release Center, which is facility controlled by the Ohio
Department of Rehabilitation and Corrections ("ODRC"). Plaintiff, however, denies he is an
inmate and did not submit an Application and Affidavit By Incarcerated Person to Proceed
Without Prepayment of Fees. Nor did he provide a certified trust account statement from his
prison’s cashier.
On May 23, 2014, the Magistrate Judge issued a Deficiency Order giving Plaintiff thirty
days to provide the appropriate documentation to proceed in forma pauperis as a prisoner under
28 U.S.C. §§ 1915(a)(1), 1915(a)(2), and 1915(b)(1). (Dkt. 2.) Plaintiff filed the instant
Objection on June 2, 2014. In his Objection, he indicates that he cannot comply with the
Magistrate Judge’s Order because he is not a prisoner. Plaintiff does not, however, provide an
alternate address other than the ODRC facility. Plaintiff’s Objection is therefore
OVERRULED. Even if Plaintiff is not an inmate at the Franklin Pre-Release Center, he still
would be required to provide paperwork consistent with 28 U.S.C. § 1915(a)(1). In re Prison
Litig. Reform Act, 105 F.3d 1131, 1134 (6th Cir. 1997) (“Like prisoners, a non-prisoner seeking
pauper status in the district court must file an affidavit listing all of his or her assets.”) (quoting
28 U.S.C. § 1915(a)(1)). Consequently, Plaintiff Fields is DIRECTED to submit, within
FOURTEEN (14) DAYS of the date of this order, the appropriate application and affidavit,
as well as a certified trust account statement from the Franklin Pre-Release Center. Without
receipt of the requested documentation, the Court is required to assume that Plaintiff Fields is not
a pauper, and it will: (1) assess Plaintiff the full amount of the filing fee; (2) dismiss this action
for want of prosecution; and (3) not reinstate the case to the Court’s active docket even if the
filing fee is then paid in full. See In re Prison Litig.Reform Act, 105 F.3d at 1132.
Plaintiff also requests a change of venue pursuant to 28 U.S.C. § 1404(a). Plaintiff
indicates that a change in venue is proper because “he cannot receive justice in the U.S. Sixth
Circuit in [this] district court.” (Mot. 2, Dkt. 3.) He further indicates, without citing additional
facts, that the Court will “materially alter his pleadings, impacting his substantive rights . . . and
refuse to follow the civil rules.” (Id.) Venue, however, is proper in the Southern District of Ohio
because all of the Defendants reside in this judicial district. See 28 U.S.C. § 1391 (venue is
proper in the judicial district where any defendants reside or in which the claims arose).
Plaintiff merely provides an unsubstantiated claim of bias as cause for a change in venue, which
will not suffice. See Smith v. ABN AMRO Mort. Grp. Inc., 434 F. App’x 454, 465 (6th Cir.
2011) (“[A]n unsubstantiated claim of jury bias . . . is insufficient to compel a district court to
transfer a case.”) Plaintiff’s Request to Transfer Venue is therefore DENIED.
IT IS SO ORDERED.
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