UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ______

MARIO BAILEY,

Plaintiff, Case No. 1:22-cv-789

v. Honorable Ray Kent

ANTHONY SOTO et al.,

Defendants. ____________________________/ ORDER OF TRANSFER This is a civil rights action brought by a prisoner under

. Plaintiff presently is incarcerated at the Essex County Correctional Facility in Newark, Essex County, New Jersey. The events giving rise to Plaintiff’s action occurred at the Essex County-Delaney Hall Detention Facility, also located in Newark, Essex County, New Jersey. Plaintiff sues Anthony Soto, Director of Delaney Hall; Unknown “Mr. Hooper,” Unknown “1st Shift Supervisor”; Unknown “2nd Shift Supervisor”; and Unknown “3rd Shift Supervisor”. In his pro se complaint, Plaintiff presents claims regarding events that occurred during his incarceration in New Jersey. 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.

(b). The events underlying the complaint occurred in New Jersey. Defendants are public officials serving in New Jersey, and they “reside” there for purposes of venue over a suit challenging official acts. See Butterworth v. Hill,

(1885); O’Neill v. Battisti,

(6th Cir. 1972). In these circumstances, venue is proper only in the District of New Jersey. Therefore: IT IS ORDERED that this case be transferred to the United States District Court for the District of New Jersey pursuant to

(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

(e)(2), 1915A, or under 42 U.S.C. § 1997e(c).

Dated: September 21, 2022 /s/ Ray Kent Ray Kent United States Magistrate Judge