Whatley v. Carr, 19-cv-146-jdp. (2019)
Court: District Court, E.D. Wisconsin
Number: infdco20190820a04
Visitors: 5
Filed: Aug. 14, 2019
Latest Update: Aug. 14, 2019
Summary: ORDER JAMES D. PETERSON , District Judge . Pro se plaintiff Antonio Whatley alleges that several prison officials at Green Bay Correctional Institution violated his rights under the Eighth Amendment by keeping him in a cell without a working toilet for more than two months. Before the court is defendants' motion to dismiss this case under Rule 12(b)(3) of the Federal Rules of Civil Procedure or, in the alternative, to transfer this case to the Eastern District of Wisconsin under 28 U.S.C.
Summary: ORDER JAMES D. PETERSON , District Judge . Pro se plaintiff Antonio Whatley alleges that several prison officials at Green Bay Correctional Institution violated his rights under the Eighth Amendment by keeping him in a cell without a working toilet for more than two months. Before the court is defendants' motion to dismiss this case under Rule 12(b)(3) of the Federal Rules of Civil Procedure or, in the alternative, to transfer this case to the Eastern District of Wisconsin under 28 U.S.C. ..
More
ORDER
JAMES D. PETERSON, District Judge.
Pro se plaintiff Antonio Whatley alleges that several prison officials at Green Bay Correctional Institution violated his rights under the Eighth Amendment by keeping him in a cell without a working toilet for more than two months. Before the court is defendants' motion to dismiss this case under Rule 12(b)(3) of the Federal Rules of Civil Procedure or, in the alternative, to transfer this case to the Eastern District of Wisconsin under 28 U.S.C. § 1406(a) because venue is improper in the Western District of Wisconsin. Dkt. 10. Whately has responded, conceding that this case should be transferred to the Eastern District. Therefore, I will deny the motion to dismiss, but will grant the motion to transfer the case to the Eastern District of Wisconsin.
ORDER
IT IS ORDERED that defendants' motion to dismiss or transfer this case, Dkt. 10, is GRANTED IN PART and DENIED IN PART. The motion to dismiss is DENIED and the motion to transfer is GRANTED. This case is TRANSFERRED to the United States District Court for the Eastern District of Wisconsin under 28 U.S.C. § 1406(a).
Source: Leagle
