Opinion
1:22-cv-1215
01-05-2023
ORDER OF TRANSFER
Ray Kent, United States Magistrate Judge.
This is a civil rights action brought by a county jail detainee under 42 U.S.C. § 1983. Plaintiff presently is incarcerated at the Isabella County Jail in Mt. Pleasant, Isabella County, Michigan. Plaintiff sues Lucian Grainge, CEO of Universal Music, Ken Yoshida, CEO of Sony, and Yolanda Lopez, Director of Broadcasting for Voices of America Broadcasting, under both state and federal law. (Compl., ECF No. 1, PageID.2, 3.) Plaintiff contends that the events giving rise to Plaintiff's action “occurred while in jail [in Isabella County]” (Id., PageID.3.)
Under the revised venue statute, venue in federal-question cases lies in the district in which any defendant resides or in which a substantial part of the events or omissions giving rise to the claim occurred. 28 U.S.C. § 1391(b). Liberally construed, the events underlying Plaintiff's pro se complaint occurred in Isabella County. Isabella County is within the geographical boundaries of the Eastern District of Michigan. Id. § 102(a). In these circumstances, venue is proper only in the Eastern District. Therefore:
IT IS ORDERED that this case be transferred to the United States District Court for the Eastern District of Michigan pursuant to 28 U.S.C. § 1406(a). It is noted that this Court has not decided Plaintiff's motion to proceed in forma pauperis , nor has the Court reviewed Plaintiff's complaint under 28 U.S.C. §§ 1915(e)(2), 1915A, or under 42 U.S.C. § 1997e(c).