# Brown v. Martino

> District Court, E.D. Michigan · May 12, 2025

URL: https://www.frixlaw.com/law-library/cases/11050273

## Case

- **Court:** District Court, E.D. Michigan
- **Decided:** May 12, 2025
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11050273

## How later opinions describe it (automated extraction)

- 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)

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11050273. Public record. Not legal advice.