IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

CHARLESTON DIVISION

DANIEL MACKEY,

Plaintiff,

v. CIVIL ACTION NO. 2:24-cv-00012

LT. TIMOTHY TIBBS, et al.,

Defendants.

ORDER On June 4, 2024, this court entered an Order expressing its concerns about whether this district is the most appropriate venue for this case. [ECF No. 19, at 8–9]. Because it is proper to provide the parties with notice and an opportunity to be heard before a transfer of venue, ,

(D.C. Cir. 1974), I directed the parties to file briefs within 14 days from the entry of my order if such party opposes a transfer of venue to the Northern District of West Virginia. [ECF No. 19, at 9]. No party objects to the transfer of venue. [ECF No. 20]. The federal venue statute allows a district court to “transfer any civil action to any other district or division where it might have been brought” for “the convenience of parties and witnesses.”

(a). This statute gives courts authority to transfer an action upon consideration of certain factors, which include “the weight accorded to plaintiff[’s] choice of venue; witness convenience and access; convenience of the parties; and the interest of justice.” Luna v. Tug Hill Operating, LLC, No. 5:23-CV-361,

, at *3 (N.D. W. Va. Mar. 20, 2024) Gnternal markings omitted) (citing Trs. of the Plumbers & Pipetitters Nat? Pension Fund v. Plumbing Servs.,

, 444 (4th Cir. 2015)). With no objection from the parties, the court FINDS that in the interest of justice, the Northern District of West Virginia is a more appropriate venue for this case. The events forming the basis of the allegations in this case all occurred at North Central Regional Jail, which is located in Greenwood, Doddridge County, in the Northern District of West Virginia. Plaintiff and remaining Defendants also reside in the Northern District. Thus, pursuant to

(a) and in the interest of justice, this matter is hereby TRANSFERRED to the United States District Court for the Northern District of West Virginia, Clarksburg Division, for further consideration. The Clerk is DIRECTED to transmit Plaintiffs file to the Clerk of Courts at the United States District Court for the Northern District of West Virginia. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: June 21, 2024

Ie G ew STATES DISTRICT JUDGE