IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Ronald D. Leonard,

Plaintiff

 v.

Warden Shelton, et al.,

Defendants

:

:

:

:

:

Civil Action 2:11-cv-1091

Judge Sargus

Magistrate Judge Abel

REPORT AND RECOMMENDATION

Plaintiff Ronald D. Leonard, an inmate at the Toledo Correctional Institution,

brings this prisoner civil rights action under 42 U.S.C. §1983. This matter is before the

Magistrate Judge on defendant Warden Ed Shelton’s unopposed March 12, 2012 motion

to dismiss (doc. 11). The complaint alleges that the Aryan Brotherhood have threatened

to kill plaintiff, and defendant has failed to take sufficient precautions to protect him

demonstrating deliberate indifference to his safety.

Defendant’s Arguments. Defendant Warden Shelton argues that this case should

be dismissed for improper venue and for failure to state a claim upon which relief can

be granted. Defendant maintains that he is located in the Northern District of Ohio, and

all the conduct alleged to have occurred by plaintiff took place in the Northern District

of Ohio. Defendants also argues that even if plaintiff had brought his case in the proper

venue, the case should be dismissed for failure to state a claim upon which relief may

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be granted. Defendant maintains that the complaint fails to explain with any specificity

what kind of threat he faces beyond a bare assertion that a prison gang wishes to harm

him. 

Discussion. Section 1391 of title 28 of the United States Code states:

A civil action may be brought in--

(1) a judicial district in which any defendant resides, if all defendants are

residents of the State in which the district is located;

(2) a judicial district in which a substantial part of the events or omissions

giving rise to the claim occurred, or a substantial part of property that is

the subject of the action is situated; or

(3) if there is no district in which an action may otherwise be brought as

provided in this section, any judicial district in which any defendant is

subject to the court's personal jurisdiction with respect to such action.

28 U.S.C. § 1391(b). Defendant Ed Shelton resides in Toledo, Ohio. The only other

defendants are John and Jane Does of Toledo Correctional Institution, none of whom

have been served with summons and complaint. All of the conduct alleged in the

complaint occurred in Toledo, Ohio. 

In his May 8, 2012 second motion for extension of time to file response to

defendant’s motion to dismiss (doc. 16), plaintiff also seeks an order transferring this

case to the Northern District of Ohio Western Division. Plaintiff’s request to transfer this

case pursuant to 28 U.S.C. § 1406(a) is GRANTED. Id. (“The district court of a district in

which is filed a case laying venue in the wrong division or district shall dismiss, or if it

be in the interest of justice, transfer such case to any district or division in which it could

have been brought.”). 

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The Magistrate Judge RECOMMENDS that this case be transferred to the

Northern District of Ohio, Western Division.

If any party objects to this Report and Recommendation, that party may, within

fourteen (14) days, file and serve on all parties a motion for reconsideration by the

Court, specifically designating this Report and Recommendation, and the part thereof

in question, as well as the basis for objection thereto. See 28 U.S.C. §636(b)(1)(B); Fed. R.

Civ. P. 72(b).

The parties are specifically advised that failure to object to the Report and

Recommendation will result in a waiver of the right to de novo review by the District

Judge and waiver of the right to appeal the judgment of the District Court. Thomas v.

Arn, 474 U.S. 140, 150-152 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). 

See also Small v. Secretary of Health and Human Services, 892 F.2d 15, 16 (2d Cir. 1989).

s/Mark R. Abel 

United States Magistrate Judge 

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