Donald Gene Henthorne, Appellant, v. Michael J. Quinlan, Director, Bureau of Prisons, et al, 978 F.2d 744 (D.C. Cir. 1992)

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US Court of Appeals for the District of Columbia Circuit - 978 F.2d 744 (D.C. Cir. 1992) Oct. 23, 1992

Before HARRY T. EDWARDS, D.H. GINSBURG and RANDOLPH, Circuit Judges.

ORDER

PER CURIAM.


Upon consideration of the notice of appeal which is construed as a petition for writ of mandamus, and the parties' briefs, it is

ORDERED that the petition for writ of mandamus be denied. A writ of mandamus will issue to block a transfer only upon a showing that the district court grossly abused its discretion. In re Tripati, 836 F.2d 1406, 1407 (D.C. Cir. 1988). Appellant has made no showing that the district court grossly abused its discretion in transferring his case to the United States District Court for the District of Oklahoma. The El Reno facility at issue is located in the transferee forum, the primary proof of appellant's allegations will involve evidence and witnesses located in Oklahoma rather than the District of Columbia and, assuming appellant can make a colorable claim that the federal defendants conspired to subject him to unconstitutional conditions at El Reno, the United States District Court for the District of Oklahoma can assert personal jurisdiction over those defendants.

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