Opinion
Civil Action 22-33OE
11-10-2022
MS. S. HAYES and JOEL MARRERO, Plaintiffs, v. FACILITY MANAGER MORRIS HOUSER, LT KAUFFMAN, DEPUTY SUP. BRADLEY BOOHER, JENNIFER ROSSMAN, PREA/PAL STAFF, CHICA BOLAND, HEALTH CARE ADMIN., DR. KOLLMAN, SITE MED DIRECTOR, CHCA ARDERY, HEALTH CARE ADMIN., DR. DANCHA, REGIONAL MED DIR., and JOHN/JANE DOE, Defendants.
Hon. Arthur J. Schwab United States District Judge
REPORT AND RECOMMENDATION
MAUREEN P. KELLY UNITED STATES MAGISTRATE JUDGE
I. RECOMMENDATION
For the reasons that follow, it is respectfully recommended that this case be transferred to the United States District Court for the Middle District of Pennsylvania forthwith.
II. REPORT
Ms. S. Hayes (“Plaintiff Hayes”) and Joel Marrero (“Plaintiff Marrero”) are state prisoners respectively incarcerated at the State Correctional Institution at Albion (“SCI-Albion), located in Albion, Pennsylvania, and the State Correctional Institution at Houtzdale (“SCI-Houtzdale”) in Houtzdale, Pennsylvania.
Plaintiff Hayes refers to herself as “Ms. S. Hayes” in the Complaint, and this Court will use her preferred name for the purposes of the Report and Recommendation. However, the Report and Recommendation will be served on Plaintiff Hayes under her commit name with the Department of Corrections. This is to ensure that the Report and Recommendation is delivered to her by prison staff.
This matter was initiated on October 28, 2022 with the submission of the Complaint by Plaintiff Hayes. ECF Nos. 2-1 and 2-3. The Complaint was accompanied by a motion of leave to proceed in forma pauperis, also submitted by Plaintiff Hayes. ECF No. 2.
All of the alleged acts and omissions recited in the Complaint occurred at the State Correctional Institution at Benner Township (“SCI-Benner”), located in Bellefonte, Pennsylvania. ECF No. 2-1 at 1 and 8. See also https://www.cor.pa.gov/Facilities/StatePrisons/Pages/Benner-Twp.aspx (last visited Nov. 10, 2022). Bellefonte is located in Centre County - within the territorial confines of the Middle District of Pennsylvania. 28 U.S.C. § 118(b).
In the event that a case is filed in an incorrect district, district courts are permitted to transfer it to the district where venue would be proper. 28 U.S.C. § 1406(a). Non-precedential opinions from the United States Court of Appeals for the Third Circuit are somewhat divergent regarding the ability of district courts to transfer venue sua sponte. See, e.g.. Decker v. Dyson, 165 F. App'x. 951, 954 n.3 (3d Cir. 2006) (“Under 28 U.S.C. § 1406(a), a district court, upon a motion or sua sponte, may transfer a case to a court of proper jurisdiction when such a transfer is in the interest of justice”). See also Lafferty v. St. Riel, 495 F.3d 72, 75 and n.3 (3d Cir. 2007), as amended (July 19, 2007), as amended (Nov. 23, 2007) (“The decision to transfer [sua sponte] under § 1406(a) thus turns on a question of fact, subject to the District Court's discretion. We do not disturb it here.”). Cf. Fiorani v. Chrysler Grp., 510 Fed.Appx. 109, 111 (3d Cir. 2013) (holding that a district court's sua sponte dismissal for lack of venue was erroneous because it should have considered transfer under § 1406(a)). But see Henderson v. Keisling, 341 Fed.Appx. 769 (3d Cir. 2009) (vacating district court's sua sponte transfer for improper venue). This Court has raised the issue of venue sua sponte. See, e.g., Nation of Islam v. Pennsylvania Dep't of Corr., No. 12-82, 2012 WL 529546, at *2 (W.D. Pa. Feb. 1, 2012), report and recommendation adopted, 2012 WL 529238 (W.D. Pa. Feb. 17, 2012).
Having considered all of the factors governing venue, see, e.g., Calkins v. Dollarland, Inc., 117 F.Supp.2d 421,428 (D.N.J. 2000) (setting forth the factors to consider for transferring venue in the context of 28 U.S.C. § 1404), and in the interests of justice, it is recommended that the Clerk should be directed to transfer this case forthwith to the Middle District of Pennsylvania, as venue is more proper therein. See 28 U.S.C. § 1391(b).
The issue of Plaintiffs' filing fee, and whether any Plaintiff qualifies for leave to proceed in forma pauperis, should be left to the United States District Court for the Middle District of Pennsylvania.
III. CONCLUSION
For the reasons stated herein, it is respectfully recommended that this case be transferred to the United States District Court for the Middle District of Pennsylvania forthwith.
In accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Local Rule 72.D.2, the parties are permitted to file written objections in accordance with the schedule established in the docket entry reflecting the filing of this Report and Recommendation. Objections are to be submitted to the Clerk of Court, United States District Court, 700 Grant Street, Room 3110, Pittsburgh, PA 15219. Failure to timely file objections will waive the right to appeal. Brightwell v. Lehman, 637 F.3d 187, 193 n. 7 (3d Cir. 2011).