Opinion

Brown v. Martino

Court
District Court, E.D. Michigan
Filed
May 12, 2025
Cited by
0 cases
Authority
More cited than 35.3%

noting that “a district court may transfer a case sua sponte” under § 1404(a)

How later courts described this case

  • noting that “a district court may transfer a case sua sponte” under § 1404(a)
  • noting that “a district court has the power to sua sponte transfer [the] case” under § 1406(a)

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ROBERT TAYLOR BROWN,

Plaintiff, Case No. 24-13092

Honorable Laurie J. Michelson

v.

MARTINO et al.,

Defendants.

ORDER TRANSFERRING CASE TO THE WESTERN DISTRICT OF

MICHIGAN

Robert Taylor Brown, who is currently confined at the Bellamy Creek

Correctional Facility in Ionia, Michigan, filed this pro se civil rights action under 42

U.S.C. § 1983 alleging constitutional violations by multiple Michigan Department of

Corrections employees. (ECF No. 1.) In an opinion and order entered today (ECF No.

8), the Court dismissed all claims against Defendants Martino, Hadden, Buchin,

Chevette, Arrendondo, Breedlove, and Porter and dismissed Brown’s official-capacity

claims against all defendants.

The 16 defendants who remain are all residents of Ionia County for venue

purposes, see O’Neill v. Battisti, 472 F.2d 789, 791 (6th Cir. 1972) (per curiam), and

the events giving rise to Brown’s complaint occurred in Ionia County at the Bellamy

Creek Correctional Facility, where Brown is currently incarcerated. Thus, under 28

U.S.C. § 1391(b), venue is proper in the Western District of Michigan, and transfer to

the Western District is in the interest of justice under 28 U.S.C. § 1406(a). See Miles

v. WTMX Radio, 15 F. App’x 213, 215 (6th Cir. 2001); Cosmichrome, Inc. v. Spectra

Chrome, LLC, 504 F. App’x 468, 472 (6th Cir. 2012) (noting that “a district court has

the power to sua sponte transfer [the] case” under § 1406(a)). Transfer is likewise in

the interest of justice under 28 U.S.C. § 1404(a) and appropriate for the convenience

of the parties and witnesses. See Overland, Inc. v. Taylor, 79 F. Supp. 2d 809, 811

(E.D. Mich. 2000); Carver v. Knox County, 887 F.2d 1287, 1291 (6th Cir. 1989)

(noting that “a district court may transfer a case sua sponte” under § 1404(a)).

Accordingly, the Court orders the Clerk of Court to transfer this case to the

United States District Court for the Western District of Michigan. The Court makes

no determination as to the merits of Brown’s claims against the remaining

defendants.

SO ORDERED.

Dated: May 12, 2025

s/Laurie J. Michelson

LAURIE J. MICHELSON

UNITED STATES DISTRICT JUDGE

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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