Shavers #378021 v. Potes et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
MICHAEL SHAVERS,
Plaintiff,
v.
UNKNOWN POTES et al.,
Defendants.
____________________________/
Case No. 1:25-cv-1238
Hon. Hala Y. Jarbou
ORDER OF TRANSFER
This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. Plaintiff’s
complaint presents claims regarding events that occurred at the Gus Harrison Correctional Facility
(ARF) in Adrian, Lenawee County, Michigan, and Plaintiff indicates that all Defendants are
employed at ARF. (Compl., ECF No. 1.)
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. 28 U.S.C. § 1391(b). The events underlying the complaint occurred in Lenawee
County. Defendants are public officials serving in Lenawee County, and they “reside” in that
county for purposes of venue over a suit challenging official acts. See Butterworth v. Hill, 114 U.S.
128, 132 (1885); O’Neill v. Battisti, 472 F.2d 789, 791 (6th Cir. 1972). Lenawee County is within
the geographical boundaries of the Eastern District of Michigan. 28 U.S.C. § 102(a). In these
circumstances, venue is proper only in the Eastern District of Michigan. Therefore:
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IT IS ORDERED that this case be transferred to the United States District Court for the
Eastern District of Michigan pursuant to 28 U.S.C. § 1406(a). It is noted that this Court has not
reviewed Plaintiff’s complaint under 28 U.S.C. § 1915A or under 42 U.S.C. § 1997e(c).
Dated: April 9, 2026 /s/ Hala Y. Jarbou
HALA Y. JARBOU
CHIEF UNITED STATES DISTRICT JUDGE
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