Haynes, Adrian v. Mason et al

Filing 2

ORDER that this case is TRANSFERRED to the United States District Court for the District of Kansas. The clerk of court is directed to transmit the file to the United States District Court for the District of Kansas. Signed by District Judge Barbara B. Crabb on 8/12/2013. (jef),(ps)

Haynes, Adrian v. Mason et al

Doc. 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ADRIAN HAYNES,
OPINION AND ORDER
Plaintiff,
13-cv-474-bbc
v.
ASSISTANT WARDEN MASON and
MR. BLEVINS,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiff Adrian Haynes, a prisoner incarcerated at the United States Penitentiary in
Leavenworth, Kansas, has filed a proposed complaint under 42 U.S.C. § 1983 and requests
leave to proceed in forma pauperis. He alleges that, after arriving at the U.S.P. Leavenworth,
he has not received medical treatment for his lupus and that he is in pain and is fearful of
complications. Usually, plaintiff would be ordered to submit a certified copy of a recent sixmonth trust fund account statement to determine whether he qualifies for indigent status,
but examination of the complaint suggests that this is a case in which to exercise this court’s
discretionary authority under 28 U.S.C. § 1404(a) and transfer this case to the District of
Kansas.
In the present case, it is clear that the parties have no contacts with the state of
Wisconsin. Plaintiff is incarcerated in Leavenworth, Kansas, and both of the defendants
work there. 28 U.S.C. section 1404(a) provides that, “[f]or the convenience of parties and

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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.” 28 U.S.C. § 1404(a). From the
location of the parties and the alleged events forming the basis for plaintiff’s claims, I
conclude that the District of Kansas is the most convenient forum for this litigation.
Therefore, I will transfer this case to the United States District Court for the District of
Kansas.

ORDER
IT IS ORDERED that this case is TRANSFERRED to the United States District
Court for the District of Kansas. The clerk of court is directed to transmit the file to the
United States District Court for the District of Kansas.
Entered this 12th day of August, 2013.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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