Dumonde v. State of Tennessee (INMATE2)
RECOMMENDATION of the Magistrate Judge that this case be transferred to the United States District Court for the Middle District of Tennessee, Nashville Division. Objections to R&R due by 10/27/2005. Signed by Judge Vanzetta P. McPherson on 10/13/05. (sl, )
Dumonde v. State of Tennessee (INMATE2)
Page 1 of 3
IN THE DISTRICT COURT OF THE UNITED STATES F OR THE MIDDLE DISTRICT OF ALABAMA N O R T H E RN DIVISION _________________________________ D A N I EL LAFITTE DUMONDE Petitioner, v. S T A T E OF TENNESSEE * * * CIVIL ACTION NO. 2:05-CV-954-D (WO) *
Res pon dent. * _________________________________ R E C O M M E N D A TI O N OF THE MAGISTRATE JUDGE In this 28 U.S.C. § 2241 petition for habeas corpus relief, Petitioner, an inmate in f e d e r a l custody, challenges the validity of a detainer lodged against him by officials of Ru ther ford County, Tennessee.
I. DISCUSSION T his court "[f]or the convenience of the parties and witnesses, [and] in the interest o f justice" may transfer a case to any district where it might have been brought. 28 U.S.C. § 1404(a). Petitioner challenges the legality of a detainer placed against him by law e n f o r c e m e n t officials of Rutherford County, Tennessee. Rutherford County, Tennessee, is l o c a te d within the jurisdiction of the United States District Court for the Middle District of Te nne ssee , Nashville Division. Where a prisoner brings an action in the district court of his confinement seeking to
Page 2 of 3
c h a l le n g e a detainer lodged against him by another state, the court may transfer the cause of a c t io n to a more convenient forum. Braden v. 30th Judicial Circuit Court of Kentucky, 410 U . S . 484 (1973); Byrd v. Martin, 754 F.2d 963 (11th Cir. 1985). Upon consideration of the f a c t u al allegations contained in the present petition, it is clear to this court that the United S t a t e s District Court for the Middle District of Tennessee is the most desirable and c o n v e n i e n t forum for the adjudication of Petitioner's claims for habeas corpus relief. It is in t h e Middle District of Tennessee where all the events material to Petitioner's claims took p l a c e and where the records and witnesses pertinent to such claims are likely to be found. In light of the foregoing, the court concludes that a transfer of this case to the United States D i s t r ic t Court for the Middle District of Tennessee pursuant to 28 U.S.C. § 1404(a) is app rop riate .
II. CONCLUSION A c c o r d i n g l y , it is the RECOMMENDATION of the Magistrate Judge that this case b e transferred to the United States District Court for the Middle District of Tennessee, N a s h v i l le Division. It is further O R D E R E D that the parties are DIRECTED to file any objections to the said R e c o m m e n d a t i o n on or before October 27, 2005. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation objected to. Frivolous, c o n c l u s iv e or general objections will not be considered by the District Court. The parties are 2
Page 3 of 3
a d v i s e d that this Recommendation is not a final order of the court and, therefore, it is not a p p e a l a b le . Failu re to file written objections to the proposed findings and recommendations in the M agistrate Judge's report shall bar the party from a de novo determination by the District Cou rt of issues covered in the report and shall bar the party from attacking on appeal factual f i n d in g s in the report accepted or adopted by the District Court except upon grounds of plain e r r o r or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5 th Cir. 1982). See Stein v . Reynolds Securities, Inc., 667 F.2d 33 (11 th Cir. 1982). See also Bonner v. City of P r i c h a r d , 661 F.2d 1206 (11th Cir. 1981, en banc), adopting as binding precedent all of the d e c i s io n s of the former Fifth Circuit handed down prior to the close of business on S e p t e m b e r 30, 1981. D o n e this 13th day of October 2005.
/ s / Vanzetta Penn McPherson V A N Z E T TA PENN MCPHERSON U N I TE D STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?