United States District Court, N.D. West Virginia
AARON A. EDISON, Petitioner,
STATE OF WEST VIRGINIA, EX. REL.; WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES; BUREAU OF CHILD SUPPORT ENFORCEMENT; and CAROLIN M. DOTSON, Respondents.
ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO.
16] AND TRANSFERRING CASE TO THE SOUTHERN DISTRICT OF WEST
M. KEELEY UNITED STATES DISTRICT JUDGE.
is the Report and Recommendation (“R&R”) of the
Magistrate Judge, recommending that this action be
transferred to the United States District Court for the
Southern District of West Virginia (Dkt. No. 16). For the
following reasons, the Court ADOPTS the
Magistrate Judge's R&R.
January 27, 2017, the pro se petitioner, Aaron A.
Edison (“Edison”), filed a Petition seeking
“appeal” against “the State of West
Virginia, Ex. Rel., the West Virginia Department of Health
and Human Resources, the Bureau of Child Support Enforcement,
and Carolin M. Dotson” (Dkt. No. 1). Pursuant to 28
U.S.C. § 636 and the local rules, the Court referred
Edison's Petition to the Honorable Michael J. Aloi,
United States Magistrate Judge, for initial review.
Magistrate Judge Aloi ordered Edison to clarify his filing
(Dkt. No. 13), he indicated that his intent was to attack his
conviction in the Circuit Court of Wirt County, West
Virginia, for failure to pay child support by
“appeal[ing] the Memorandum Decision issued by the West
Virginia Supreme Court of Appeals.” He also sought
relief against the respondents “pursuant to 28 U.S.C.
§ 2254" for alleged gender discrimination in
violation of his “Fourteenth Amendment right to Equal
Protection under the law” (Dkt. No. 15 at 3-4).
review, Magistrate Judge Aloi recommended that the Court
transfer this matter in its entirety to the United States
District Court for the Southern District of West Virginia
because all of Edison's claims involve various agencies
and courts in Wirt County, which lies within the Southern
District of West Virginia. The R&R determined that it would
be more convenient for the parties and in the interest of
justice to transfer this action to the Southern District
(Dkt. No. 20 at 12).
filed a timely objection to the R&R, contending the case
should remain in the Northern District of West Virginia
because he will be “greatly inconvenience[d]” by
a transfer in venue (Dkt. No. 18). Following a
de novo review of the portion of the R&R to which
Edison objects, the Court concludes that his objection is
without merit and that this case should be transferred to the
United States District Court for the Southern District of
to 28 U.S.C. § 1404(a), “[f]or the convenience of
the parties and witnesses, in the interest of justice, a
district court may transfer any civil action to any other
district or division where it might have been brought.”
Edison does not dispute that this case could have been
brought in the Southern District of West Virginia;
rather, he argues that the magistrate judge
improperly concluded it would be more convenient for the
parties to transfer the case. At bottom, Edison seeks to have
this action remain in the Northern District of West Virginia
simply because he resides in Taylor County, which lies within
the Northern District.
the events giving rise to this action all occurred in Wirt
County, the magistrate judge properly concluded that this
case should be transferred to the Southern District.
Edison's challenge to his criminal conviction for failure
to pay child support occurred in Wirt County. Additionally,
the necessary witnesses and all defendants in this action are
found in the Southern District. The only connection of the
Northern District to this case is Edison's residence
here. That fact is not dispositive, however, and venue
clearly is most appropriate in the Southern District of West
Virginia, where the events alleged in this action arose. The
1) ADOPTS the R&R (Dkt. No. 16);
2) OVERRULES Edison's objection (Dkt.
3) ORDERS that this action be
TRANSFERRED to the United States District
Court for the Southern District of West Virginia, Charleston
Division, for all further proceedings, and that any motions
pending be transferred with the case ...