United States District Court, M.D. Alabama, Northern Division
RECOMMENDATION OF THE MAGISTRATE JUDGE
WALLACE CAPEL, Jr., Magistrate Judge.
In this 42 U.S.C. § 1983 action, Plaintiff challenges matters
associated with probation and/or sentencing proceedings before the Circuit Court
for Calhoun County, Alabama. Calhoun County, Alabama, is located within the
jurisdiction of the United States District Court for the Northern District of
Upon review of the factual allegations presented in the complaint, the
court concludes that this case should be transferred to the United States
District Court for the Northern District of Alabama pursuant to 28 U.S.C. §
A civil action filed by an inmate under authority of 42 U.S.C. § 1983
"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 (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). The law further provides that
"[f]or the convenience of parties and witnesses, in the interest of justice, a
district court may transfer any civil action to any other district... where it
might have been brought..." 28 U.S.C. § 1404(a).
The actions about which Plaintiff complains occurred in the Circuit
Court for Calhoun County, Alabama, which is within the jurisdiction of the
United States District Court for the Northern District of Alabama. The factual
allegations set forth in the complaint reflect the named defendant resides in
the Northern District of Alabama. Thus, the majority of material witnesses and
evidence associated with those claims relevant to Plaintiff's allegations are
located in the Northern District of Alabama.
In light of the foregoing, the court concludes that in the interest of
justice and for the convenience of the parties this case should be transferred
to the United States District Court for the Northern District of Alabama for
review and determination.
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that
this case be TRANSFERRED to the United States District Court for the Northern
District of Alabama pursuant to the provisions of 28 U.S.C. 1404. It is further
ORDERED that on or before June 23, 2015, Plaintiff may file an
objection to the Recommendation. Any objection filed must specifically identify
the findings in the Magistrate Judge's Recommendation to which a party objects.
Frivolous, conclusive or general objections will not be considered by the
District Court. Plaintiff is advised this Recommendation is not a final order of
the court and, therefore, it is not appealable.
Failure to file a written objection to the proposed findings and
advisements in the Magistrate Judge's Recommendation shall bar a party from a
de novo determination by the District Court of issues covered in the
Recommendation and shall bar a party from attacking on appeal factual findings
in the Recommendation accepted or adopted by the District Court except upon
grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Securities,
Inc., 667 F.2d 33 (11th Cir. 1982). See also Bonner v. City
of Prichard, 661 F.2d 1206 (11th Cir. 1981) ( en ...