Johnson v. Rogers et al

Filing 3

ORDER - The Clerk of Court is DIRECTED TO TRANSFER this case to the Southern District of Ohio, Western Division in Cincinnati for further proceedings. Signed by Chief Magistrate Judge Sharon L. Ovington on 9-28-15. (mcm1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

JAMES RICHARD JOHNSON,
Plaintiff,

:

JENNIFER NICOLE ROGERS, et al.,
Defendants.

Case No. 3:15cv00321

:

vs.

:

District Judge Thomas M. Rose
Magistrate Judge Sharon L. Ovington

:
:

ORDER

Plaintiff James Richard Johnson, a resident of Kettering, Ohio, brings this action
pro se under 42 U.S.C. §1983, claiming that the named Defendants violated his
constitutional rights. The Defendants, with one exception, are officials or employees of
Butler County, Ohio. The sole exception is Defendant Jennifer Nicole Rogers, a resident
of Cincinnati, Ohio. Not one Defendant has an address in a county within the Southern
District of Ohio, Western Division at Dayton. See Fed. R. Civ. P. 82.1(b).
Rule 82.1(c) of the Civil Rules of the United States District Court for the Southern
District of Ohio provides, “An action against a defendant or defendants resident in this
district shall be filed at the location of court which embraces a county in which at least
one defendant resides.” Rule 82.1(e) provides that in the event no defendant resides in
this district, “an action shall be filed at the location of court embracing a county in which

a substantial part of the events or omissions giving rise to the claims occurred....”
Plaintiffs’ Complaint indicates that a substantial part the part of the events or
omissions giving rise to Plaintiff’s claims occurred in Butler County, Ohio. The Western
Division of this Court in Cincinnati serves the area that includes Butler County, and all
the Defendant entities are in Butler County. The sole Defendant who is not in Butler
County, Jennifer Nicole Rogers, resides in Cincinnati. For these reasons, a transfer of this
case to the Western Division, Cincinnati, is warranted. See 28 U.S.C. §1406(a); see also
S.D. Ohio Civ. Rule. 82.1(b), (c), (e).

IT IS THEREFORE ORDERED THAT:
The Clerk of Court is DIRECTED TO TRANSFER this case to the Southern
District of Ohio, Western Division in Cincinnati for further proceedings.

September 28, 2015
s/Sharon L. Ovington
Sharon L. Ovington
Chief United States Magistrate Judge