Lewis v. SCI Houtzdale et al
MEMORANDUM (Order to follow as separate docket entry)Since the Western District of Pennsylvania is the proper forum, this matter will be transferred to the United States District Court for the Western District of Pennsylvania pursuant to 28 U.S.C. § 1404(a). An appropriate Order is filed simultaneously with this Memorandum.Signed by Honorable Richard P. Conaboy on 9/25/17. (cc)
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
:CIVIL ACTION NO. 3:17-CV-1424
SCI-HOUTZDALE, et al.,
Andre Lewis, an inmate presently confined at the State
Correctional Institution, Houtzdale, Pennsylvania (SCI-Houtzdale),
filed this pro se civil rights action on August 11, 2017.
On the same date, Plaintiff filed a Motion for Appointment of
Counsel (Doc. 4) and, on September 6, 2017, he filed an Application
to Proceed in Forma Pauperis (Doc. 7).
Named as Defendants are SCI-Houtzdale, Corrections Officers
Smith and Tote, and Captain Miller.
that during his confinement at SCI-Houtzdale he was subjected to
cruel and unusual punishment in that he was called names and
attacked by other inmates, he was sent to the RHU after CO Smith
forged his signature on a Misconduct Waiver Form, CO Tote verbally
treated him as a sex slave, he was subjected to unsanitary
conditions, and his food was tampered with when Captain Miller was
the shift commander.
(Doc. 1 at 2.)
Plaintiff seeks monetary and
28 U.S.C. § 1391(b) provides that a civil action may be
brought in (1) a judicial district in which any defendant resides,
if all defendants are residents of the State in which the district
is located; (2) a judicial district in which a substantial part of
the events or omissions giving rise to the claims occurred, or a
substantial part of property that is the subject of the action is
situated; or (3) if there is no district in which an action may
otherwise be brought as provided in this section, any judicial
district in which a defendant is subject to the court’s personal
jurisdiction with respect to such action.
Plaintiff and Defendants are located at SCI-Houtzdale and all
alleged events occurred at SCI-Houtzdale.
(See Doc. 1.)
Houtzdale is located within both Clearfield County, Pennsylvania,
and the confines of the United States District Court for the
Western District of Pennsylvania.
See 28 U.S.C. § 118(c).
It is well settled that a court may transfer any civil action
for the convenience of the parties or witnesses, or in the interest
of justice, to any district where the action may have been brought.
28 U.S.C. § 1404(a).
The United States Supreme Court in Hoffman v.
Blaski, 363 U.S. 335, 343 (1960), recognized that under § 1404(a),
a civil action may be transferred by a district to another district
court where that action may have been brought by the plaintiff.
Based on Plaintiff’s location, the named Defendants location,
and the nature of Plaintiff’s allegations, it is apparent that the
convenience of the parties and interests of justice would be best
served by transferring this matter to the judicial district wherein
Plaintiff is incarcerated, Defendants are located, and the
underlying events transpired.
Since the Western District of Pennsylvania is the proper
forum, this matter will be transferred to the United States
District Court for the Western District of Pennsylvania pursuant to
28 U.S.C. § 1404(a).
An appropriate Order is filed simultaneously
with this Memorandum.
S/Richard P. Conaboy
RICHARD P. CONABOY
United States District Judge
DATED: September 25, 2017
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