Cunningham, Charles et al v. Manlove, Jeffrey et al

Filing 36

ORDER that Defendant Nancy Garcia's motion to dismiss or transfer venue (dkt. 29 ) is GRANTED. This case is TRANSFERRED to the Eastern District of Wisconsin. Signed by District Judge William M. Conley on 01/10/2020. (rks),(ps)

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

CHARLES CUNNINGHAM,
Plaintiff,

OPINION AND ORDER

v.
17-cv-687-wmc
NANCY GARCIA, JEFFREY MANLOVE,
NANCY WHITE, CHERYL JEANPIERRE,
and BRIAN TAPLIN,
Defendants.
Pro se plaintiff Charles Cunningham is proceeding against defendants Nancy Garcia,
Jeffrey Manlove, Nancy White, Cheryl Jeanpierre and Brian Taplin on an Eighth
Amendment deliberate indifference claim based on defendants treating plaintiff with
NSAIDs despite their knowledge that he should not receive such medications. Originally,
the court granted leave for Cunningham to proceed only against Nancy Garcia; more
recently, the court granted Cunningham leave to amend his complaint to add the
additional defendants. Those defendants, however, have not answered the complaint yet.
Before the court is defendant Nancy Garcia’s motion to dismiss for improper venue or
transfer venue to the Eastern District of Wisconsin. (Dkt. #29.) Since venue in this
district court is improper, the court will grant Garcia’s motion and transfer this case to the
Eastern District of Wisconsin.

OPINION
Venue is proper where defendants to a lawsuit reside or where the events giving rise
to the claim took place. 28 U.S.C. § 1391(b). “The district court of a district in which is

filed a case laying venue in the wrong division or district shall dismiss, or if it be in the
interest of justice, transfer such case to any district or division in which it could have been
brought.” 28 U.S.C. § 1406(a).
Neither defendant Garcia nor any of the newly-named defendants reside in the
Western District of Wisconsin.

(Pusich, Salinas and White Decls. (dkt. ##30-32).)

Moreover, the events giving rise to Cunningham’s complaint occurred at Waupun
Correctional Institution in Waupun, Wisconsin. Waupun, Wisconsin is located in Dodge
County and Fond du Lac County, both of which are in the Eastern District of Wisconsin.
28 U.S.C. § 130(a).
Cunningham opposes the motion on the basis that the defendants, all health care
providers, work for the Wisconsin Division of Adult Institutions, a division of the
Department of Corrections, with its main office located in Madison, Wisconsin, which is
located in the Western District of Wisconsin. In support of this argument, Cunningham
directs the court to Taylor v. White, 132 F.R.D. 636, 641 (E.D. Pa. 1990), in which the
court held that a place where a state official maintains his official office, for venue purposes,
is not limited to the state capital. In other words, a regional office, not located in the
district where the state capital is located, could provide a basis for venue. Here, however,
defendants do not work in the central DOC office in Madison; instead, they all provided
care to Cunningham at Waupun.
Finding venue improper in the Western District of Wisconsin, the court further
concludes that transfer, rather than dismissal, serves the interest of justice. Therefore, the
court will grant defendant Garcia’s motion and transfer this case to the Eastern District of

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Wisconsin.

ORDER
IT IS ORDERED that:
1. Defendant Nancy Garcia’s motion to dismiss or transfer venue (dkt. #29) is
GRANTED.
2. This case is TRANSFERRED to the Eastern District of Wisconsin.
Entered this 10th day of January, 2020.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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