Fleming v. Trinity Food Services et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
BILLY JAMES FLEMING,
Plaintiff,
v.
TRINITY FOOD SERVICES, et al.,
Defendants.
Civil Action 2:25-cv-1477
Judge James L. Graham
Magistrate Judge Chelsey M. Vascura
ORDER
Plaintiff, Billy James Fleming, an Ohio inmate proceeding without the assistance of
counsel, brings this civil rights action under 42 U.S.C. § 1983. Plaintiff advances claims arising
from injuries sustained while working in the kitchen of his place of incarceration. Plaintiff’s
allegations in his Complaint were unclear as to where that place of incarceration was located;
however, Plaintiff’s Objections (ECF No. 7) to the undersigned’s December 23, 2025 Report and
Recommendation (ECF No. 3) clarify that the events underlying his Complaint occurred at the
Cuyahoga County Justice Center in Cleveland, Ohio. The individuals who allegedly violated
Plaintiff’s rights also work and reside in Cuyahoga County.
Because Plaintiff’s claims are against Defendants who do not reside in this district and
concern events that he alleges occurred in Cuyahoga County, venue in this Court is not proper.
See 28 U.S.C. § 1391 (venue is proper in the judicial district where any defendants reside or in
which the claims arose). Accordingly, this action is TRANSFERRED pursuant to 28 U.S.C.
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§ 1406(a) to the United States District Court for the Northern District of Ohio, Eastern Division
at Cleveland, which serves Cuyahoga County. See N.D. Ohio Civ. R. 3.8(a).
IT IS SO ORDERED.
/s/ Chelsey M. Vascura
CHELSEY M. VASCURA
UNITED STATES MAGISTRATE JUDGE
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