STROTHERS v. STUTZ

District Court, M.D. Pennsylvania

STROTHERS v. STUTZ

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA LAMAR STROTHERS, : Plaintiff : v. : Case No. 3:24-cv-212-KAP OFFICER STUTZ, et al., : Defendants : Memorandum Order On September 10, 2024, plaintiff Strothers, imprisoned at S.C.I. Laurel Highlands (in Somerset County, in the Western District of Pennsylvania), submitted a civil complaint alleging that on April 19, 2023 a corrections officer at the Lycoming County Prison (in Lycoming County, in the Middle District of Pennsylvania) assaulted him; three other corrections personnel there were named defendants for their alleged failures to prevent the assault. Because the events alleged to give rise to the claim happened in the Middle District and plaintiff has not identified any defendants not residing there, under 28 U.S.C.§ 1391(b) venue is proper in the Middle District and is not apparently proper here. The Clerk shall transfer this matter to the United States District Court for the Middle District of Pennsylvania for disposition of the motion to proceed in forma pauperis as that Court deems appropriate. See

28 U.S.C. § 1404

(a) (“For convenience of the parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.”). See Smith v. Ebbert, No. CV 20-1736,

2021 WL 1986416

, at *1 n.2 (W.D. Pa. May 18, 2021)(authority of Magistrate Judge to transfer, citing inter alia Bond v. McKean County, No. 4:19-CV- 1535,

2019 WL 4452228

, at *1n.1 (M.D. Pa. Sept. 17, 2019). Upon transfer, the Clerk shall mark this matter closed. Wee DATE:_ September 23, 2024 Keith A. Pesto, United States Magistrate Judge Notice by U.S. Mail to: Lamar Strothers QP-9849 S.C.I. Laurel Highlands 5706 Glades Pike P.O. Box 631 Somerset, PA 15501

Reference

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