United States District Court, M.D. Alabama, Northern Division
RECOMMENDATION OF THE MAGISTRATE JUDGE
WALLACE CAPEL, JR., CHIEF UNITED STATES MAGISTRATE JUDGE
In this
42 U.S.C. § 1983 action, Plaintiff challenges matters
which occurred during state court proceedings in the Circuit
Court for Talladega County, Alabama. The Circuit Court for
Talladega County is located in Talladega, Alabama, which is
within the jurisdiction of the United States District Court
for the Northern District of Alabama.
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. § 1404.[1]
I.
DISCUSSION
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 primarily complains occurred in
the Circuit Court for Talladega County in Talladega, Alabama,
which is within the jurisdiction of the United States
District Court for the Northern District of Alabama. Thus,
the majority of material witnesses and evidence associated
with those claims relevant to Plaintiffs allegations are
located in the Northern District of Alabama. While Plaintiff
also names a defendant located in the United States District
Court for the Middle District of Alabama, based on the
primary challenges asserted in the complaint, the court finds
review of the claims against this defendant is appropriately
undertaken by the United States District Court for 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.[2]
II.
CONCLUSION
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 under 28 U.S.C. § 1404.
It is further
ORDERED
that on or before February 25, 2019,
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 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
banc), adopting as binding precedent all of the
decisions of the former Fifth Circuit handed down prior to
the close of business on September 30, 1981.
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Notes:
[1] Plaintiffs complaint is accompanied by
a request for leave to proceed in forma pauperis.
Doc. 2. The assessment and collection of any filing fee,
however, should be undertaken by the United States District
...