FISHER v. HEAD OF MEDICAL et al
OPINION & ORDER that this case be transferred to the United States District Court for the Middle District of Pennsylvania pursuant to 28 U.S.C. §§ 1391(b) and 1404(a). Signed by Magistrate Judge Susan Paradise Baxter on 1/8/18. (lrw)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
HEAD OF MEDICAL, et al.,
C.A. No. 07-332 Erie
Magistrate Judge Baxter
OPINION AND ORDER
On December 19, 2017, Plaintiff, an inmate incarcerated at the State Correctional
Institution at Benner in Bellefonte, Pennsylvania ("SCI Benner"), commenced this action by
filing a pro se civil rights complaint pursuant to 42 U.S.C. § 1983 against Defendants Head of
Medical and SCI Benner; however, Plaintiff failed to either pay the filing fee or file a motion to
proceed in forma pauperis. As a result, the complaint has not yet been docketed. Nonetheless, it
is apparent that all allegations of the complaint pertain to actions that allegedly took place at SCI
Benner, which is located in Centre County, Pennsylvania, where both Defendants are located.
28 U.S.C. § 1391(b) provides that:
A civil action wherein jurisdiction is not founded solely on diversity of
citizenship may, except as otherwise provided by law, be brought only
in (1) a judicial district where any defendant resides, if all defendants
reside in the same State, (2) a judicial district in which a substantial part
of the events or omissions giving rise to the claim occurred, or a
substantial part of property that is the subject of the action is situated, or
(3) a judicial district in which any defendant may be found, if there is
no district in which the action may otherwise be brought.
Here, because the Complaint makes clear that all of the events occurred, and all
Defendants are located, in Centre County, Pennsylvania, venue of this action is improper in this
district, and this case should be transferred to the Middle District pursuant to 28 U.S.C.
§ 1404(a), which provides, “[f]or the convenience of 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.”
WHEREFORE, on this 8th day of January, 2018,
IT IS HEREBY ORDERED that this case be transferred to the United States District
Court for the Middle District of Pennsylvania pursuant to 28 U.S.C. §§ 1391(b) and 1404(a).
/s/ Susan Paradise Baxter
SUSAN PARADISE BAXTER
United States Magistrate Judge
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