WILLIAMS v. WETZEL et al

Filing 8

ORDER directing the Clerk of Court to transfer this case to the United States District Court for the Middle District of Pennsylvania. The Clerk of Court is directed to CLOSE this case and TRANSFER forthwith. Signed by Magistrate Judge Lisa Pupo Lenihan on January 11, 2017. (kcc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MARK-ALONZO WILLIAMS,
Plaintiff,
v.
JOHN WETZEL, Secretary of the PA
Department of Corrections,
MICHAEL KLOPOTOSKI, Regional
Superintendent, MICHAEL
MAHALLY, Superintendent, SCI
Dallas, VINCENT MOONEY,
Superintendent, SCI Coal, JOSEPH
ZAKARAUSKAS, Deputy
Superintendent, SCI Dallas,
SUPERINTENDENT NORMAN
DEMMING, Deputy Superintendent,
SCI Dallas, MR. PALL, Captain, SCI
Dallas, JOSEPH FYE, Corrections
Officer,
Defendants.

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Civil Action No. 16 – 300

Magistrate Judge Lisa Pupo Lenihan

ORDER
AND NOW, this 11th day of January, 2017, upon consideration of the Amended
Complaint (ECF No. 7) filed by Plaintiff Mark-Alonzo Williams (“Plaintiff”), and it appearing
that the action should have been brought before the United States District Court for the Middle
District of Pennsylvania, see 28 U.S.C. § 1404(a) (“For convenience of the parties and witnesses,
in the interest of justice, a district court may transfer any civil action to any other district or
division where it might have been brought.”); see also Jumara v. State Farm Ins. Co., 55 F.3d
873, 879 (3d Cir. 1995) (stating factors to consider when deciding whether to transfer case),
because Plaintiff is alleging claims against the Secretary of the Pennsylvania Department of
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Corrections and numerous DOC employees who work at SCI-Dallas, all located within the
Middle District of Pennsylvania, see Jumara, 55 F.3d at 879 (stating that location of parties is a
factor) for conduct that primarily occurred at SCI-Dallas, located within the Middle District of
Pennsylvania, see id. (stating that where claim arose is a factor), because discovery, if any, may
involve witnesses and documents located within that district, see id. (stating that location of
witnesses and discoverable evidence is a factor), and because that district likely has a strong
interest in deciding this controversy, see id. (stating that local interest in deciding case is a
factor), and the Court finding that practical and economic considerations of conducting discovery
and trial in a location near the parties and witnesses weigh in favor of transfer, see id. (stating
that public and practical considerations are factors); see also Hill v. Guidant Corp., 76 F. Supp.
566, 570-71 (M.D. Pa. 1999) (stating that in considering transfer of case, convenience of nonparty witnesses residing more than 100 miles from the court weigh heavily), and it would be in
the interests of justice and judicial economy to transfer this case because it does not appear that
any of the alleged events occurred within this district, it is hereby ORDERED that;
1. The Clerk of Court is directed to transfer the above-captioned case to the United
States District Court for the Middle District of Pennsylvania. See 28 U.S.C. §
1404(a); Jumara, 55 F.3d at 879.
2. The Clerk of Court is directed to CLOSE this case and TRANSFER forthwith.
/s/ Lisa Pupo Lenihan
Lisa Pupo Lenihan
United States Magistrate Judge

Cc:

Mark-Alonzo Williams
FL 2923
SCI Forest
P.O. Box 945
Marienville, PA 16239
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