Opinion
23-CV-10569 (LTS)
12-14-2023
ERIC RODNEY HILL, Plaintiff, v. GOVERNMENT FOR THE STATE OF WEST VIRGINIA, et al., Defendants.
TRANSFER ORDER
LAURA TAYLOR SWAIN, Chief United States District Judge
Plaintiff, who currently is incarcerated at FCI Otisville, in Otisville, New York, brings this action, pro se, against the State of West Virginia and FCI Hazelton, which is located in Preston County, West Virginia. He alleges that during his incarceration at Hazelton, correction officers, as well as other prisoners, assaulted him. For the following reasons, the Court transfers this action under 28 U.S.C. § 1406 to the United States District Court for the Northern District of West Virginia.
DISCUSSION
Under 28 U.S.C. § 1391(b), a civil action may be brought in
(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action.Under Section 1391(c), a “natural person” resides in the district where the person is domiciled, and an “entity with the capacity to sue and be sued” resides in any judicial district where it is subject to personal jurisdiction with respect to the civil action in question. See 28 U.S.C. § 1391(c)(1), (2).
Plaintiff asserts claims that arose at FCI Hazelton, naming as Defendants the State of West Virginia and FCI Hazelton. Thus, from the face of the complaint, it is clear that venue is not proper in this Court under Section 1391(b)(1), (2).
Under 28 U.S.C. § 1406, if a plaintiff files a case in the wrong venue, the Court “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). Plaintiff's claims arose at FCI Hazelton, which is in the Northern District of West Virginia. See 28 U.S.C. § 129. Accordingly, venue lies in the Northern District of West Virginia, 28 U.S.C. § 1391(b)(2), and in the interest of justice, the Court transfers this action to the United States District Court for the Northern District of West Virginia, 28 U.S.C. § 1406(a).
CONCLUSION
The Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of West Virginia. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case.
The Court certifies, pursuant to 28 U.S.C § 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.