Famous v. Zohia et al

Filing 39

ORDER that this case is transferred to the Green Bay Division of the Eastern District of Wisconsin. Signed by District Judge William M. Conley on 2/15/2013. (jef),(ps) [Transferred from wiwd on 2/22/2013.]

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

RONNIE FAMOUS,

Plaintiff,

ORDER

v.
12-cv-144-wmc
DOE ZOHIA, RICHARD HEIDORN,
DOE WATERFORD, JANE DOE NURSE,
ANDREW KESSLER, KATHY BRESTER,
MICHAEL BAENEN, JEANANNE ZWIERS,
DAVE BURNETT, JAMES RICHTER, and
ESTATE OF JAMES WONG,
Defendants.

In this civil action under 42 U.S.C. § 1983, plaintiff Ronnie Famous, an inmate at
Green Bay Correctional Institution, alleges that defendants -- nurses, doctors, and health
care administrators for the Wisconsin Department of Corrections and correctional
institutions where Famous has been incarcerated -- were deliberately indifferent to his
medical needs in violation of the Eighth Amendment rights and committed malpractice
under state law in their treatment of him.

This court previously screened Famous’s

complaint pursuant to 28 U.S.C. § 1915, and allowed him to proceed on these claims.
(Dkt. #13.) Following a telephonic preliminary pretrial conference, the court granted
plaintiff’s request to assist him in recruiting voluntary counsel and stayed further
proceedings in the case pending this action. (Dkt. #38.)
This court has attempted to recruit an attorney to represent Famous in this action,
but has been unsuccessful to date in doing so, no doubt because of the requirements of

travel outside this district to meet with the plaintiff. Since the incidents giving rise to the
complaint appear to have occurred at the Green Bay Correctional Institution, where
plaintiff is currently in custody, or the Wisconsin Resource Center in Winnebago, near
Oshkosh, this case could (and probably should) have been venued in the Green Bay
Division of the Eastern District of Wisconsin, where both institutions are located. 28
U.S.C. §§ 130(a), 1391(b). Because it appears that plaintiff and the defendants (other
than Wisconsin’s Medical Administrator for the Bureau of Health Services, Dave
Burnett) are located in or near Green Bay or Winnebago, or at least work there, the
convenience of the parties would appear better served by this venue. Moreover, given the
plaintiff’s unique need for representation, the interests of justice would be served by
recruitment of counsel near both plaintiff and the courthouse. Accordingly, the court will
exercise its discretionary authority under 28 U.S.C. § 1404(a) and § 1406(a), and
transfer this case to the Green Bay Division of the Eastern District of Wisconsin.

ORDER
IT IS ORDERED that this case is transferred to the Green Bay Division of the
Eastern District of Wisconsin.
Entered this 15th day of February, 2013.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge

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