Hartshorn v. Sievert et al

Filing 19

ORDER signed by Judge Pamela Pepper on 8/22/2017 GRANTING 17 Defendants' Motion to Transfer Case to the Green Bay Division of the Eastern District of Wisconsin. (cc: all counsel, via mail to Henry Hartshorn and Warden at Green Bay Correctional Institution) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
HENRY W. HARTSHORN,
Plaintiff,
v.

Case No. 17-cv-98-pp

MICHAEL L. SIEVERT,
LANCE A. LINCOLN, and
JOHN DOES,
Defendants.
______________________________________________________________________________
ORDER GRANTING DEFENDANTS’ MOTION TO TRANSFER CASE
TO GREEN BAY DIVISION (DKT. NO. 17)
______________________________________________________________________________
On August 18, 2017, the named defendants filed an answer to the
plaintiff’s pro se complaint. Dkt. No. 16. They also filed a motion to transfer the
case to the Green Bay division of the United States District Court for the
Eastern District of Wisconsin. Dkt. No. 17. The defendants argue that the
events that gave rise to the complaint took place the Village of Pembine in
Marinette County, Wisconsin, approximately fifty-five miles from the federal
courthouse in Green Bay Wisconsin, and 171 miles from the federal
courthouse in Milwaukee. Id. at 1. They also submit that all of the defendants
are employees of the Marinette County Sheriff’s Office, and argue that a trial in
Milwaukee would require a number of witnesses to appear in Milwaukee and
could disrupt the operation of the Marinette County Sheriff’s Office. Id. at 1-2.
Finally, the defendants note that the plaintiff currently is incarcerated at Green
Bay Correctional Institution in Green Bay, Wisconsin. Id. at 2.
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Under the court’s policy, the clerk’s office randomly assigns §1983 cases
filed by prisoners, rather than assigning them to geographic divisions. Under
28 U.S.C. §1404(a), however, “[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 court or division where it might have been brought.” In this case, the
court believes that it is in the interest of justice and in the convenience of all
the parties to transfer the case to the Green Bay division. The court will grant
the motion.
The court notes that it did not consider this motion under Civil Local
Rule 7(h) because “[t]he provisions of subsection (h) do not apply to 42 U.S.C.
§1983 actions brought by incarcerated persons proceeding pro se.” Civil L. R.
7(h)(3). The court cautions the defendants to remember this rule when making
future filings.
The court GRANTS the defendants’ motion to transfer case to Green Bay
Division. Dkt. No. 17.
Dated in Milwaukee, Wisconsin this 22nd day of August, 2017.
BY THE COURT:
________________________________________
HON. PAMELA PEPPER
United States District Judge

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