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Strange v. Cercone

United States District Court, W.D. Pennsylvania

November 18, 2014

MONTECA STRANGE, Plaintiff,
v.
United States David S. Cercone SUPERINTENDENT ROBERT GILMORE, United States Defendant. Cynthia Reed Eddy

REPORT AND RECOMMENDATION

CYNTHIA REED EDDY United States Magistrate Judge.

I. RECOMMENDATION

It is recommended that this prisoner civil rights action be transferred forthwith to the

United States District Court for the Southern District of Ohio where venue is proper because all of the claims concern events that took place at the Lebanon Correctional Institution, which is located within the territorial limits of the United States District Court for the Southern District of Ohio.

II. REPORT

A. Background

Plaintiff Monteca Strange is a pro se inmate currently incarcerated at the State Correctional Institution at Greene (" SCI-Greene"). Plaintiff's allegations are vague and difficult to follow, and although he does not specifically invoke 42 U.S.C. 1983, he appears to be alleging that he suffered a violation of his Constitutional rights. Because Plaintiff does not have a direct cause of action under the United States Constitution, a liberal reading of the Complaint would require the Court to presume Plaintiff is attempting to state a cause of action under Section 1983. See Johnson v. City of Shelby, Miss., __ U.S. __, 135 S.Ct. 346 (2014). Hence, the Court construes the current civil action as alleging a cause of action under Section 1983.

The Complaint, in its entirety, sets out the following facts:

I HAVE A BOOK THAT HAS THE SAME ARTICLES OF A COPY OF A BOOK THAT HAD THE SAME ARTICLES WHICH WERE MOSES, EGYPT, THE ONE DOLLAR BILL, HIRAM A Biff, THE DOUBLE EAGLE, JESUS, \JOSEPH, MAH-HAH BONE, THE LODGE, AND THE SHRINERS. THE NAME OF THE I HAVE IS FREEMASORY, ANCIENT EGYPT, AND THE ISLAMIC DESTINY. IT'S NONE WRITTEN IN THE ORDER AS I STATE BUT THOSE ARTICLES ARE IN THE BOOK. I HAVE REASON TO BELIEVE THE DOC IS USING A DRUG SOME SORT TO KEEP ME BRAIN SO I CANT REMEMBER OR CLAIM ANY BENEFIT. A BLOOD TEST WILL PROVE WHAT IS BEING USED TO CAUSE BAD MEMORY. IF YOU (sic) THE ARTICLES YOU WILL UNDERSTAND EVERY THING IN CREATION AT ONCE.

FROM READING THIS COPY, I HAVE COME TO FIGURE OUT I (indecipherable) TO MAKE 1, 458, 125, 00.00 FROM THE STOCK MARKET. THIS IS UNUSUAL BECAUSE NO ONE THAT HAS BEEN INCARCERATED HAS DID IT.

Complaint, at 4.

B. Venue

As the United States Court of Appeals for the Third Circuit has observed, " [s]ection 1983 contains no special venue provision. Therefore, the general venue provisions of 28 U.S.C. 1391 apply." Urrutia v. Harrisburg County Police Dept., 91 F.3d 451, 462 (3d Cir.1996) (citation omitted). In relevant part, 1391(b) provides that 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 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 ...


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