Taylor v. Wilson (INMATE1)

Filing 2

REPORT AND RECOMMENDATIONS re 1 Inmate 1983 Complaint filed by Robert Taylor, it is the Recommendation of the Mag Judge that this case be transferred to the USDC for the SDAL pursuant to the provisions of 28 USC 1404; Objections to R&R due by 5/3/2006. Signed by Judge Vanzetta P. McPherson on 4/24/06. (vma, )

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Taylor v. Wilson (INMATE1) Doc. 2 Case 2:06-cv-00357-MEF-VPM Document 2 Filed 04/24/2006 Page 1 of 3 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ROBERT TAYLOR, #130155, Plaintiff, v. ) ) ) ) ) CIVIL ACTION NO. 2:06-CV-357-MEF ) [WO] ) ) ) ) SUSAN F. WILSON, D efe nd an t. RECOMMENDATION OF THE MAGISTRATE JUDGE In this 42 U.S.C. 1983 action, Robert Taylor ["Taylor"], a state inmate, alleges that defendant Wilson, a clerk at the Mobile County Jail, violated his constitutional rights by improperly releasing his state court records. Mobile County is located within the jurisdiction of the United States District Court for the Southern 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 Southern District of Alabama pursuant to 28 U.S.C. 1404.1 D I SC U S SI O N A civil action filed by an inmate under the authority of 42 U.S.C. 1983 "may be 1. The plaintiff failed to file an application for leave to proceed in forma pauperis nor did he submit th e $350 filing fee. However, in light of the 1996 revisions to 28 U.S.C. 1915 and under the circumstances o f this case, this court would make no ruling on the plaintiff's in forma pauperis status as the assessment and c o l le c tio n of any filing fee should be undertaken by the United States District Court for the Southern District o f Alabama. 1 Dockets.Justia.com Case 2:06-cv-00357-MEF-VPM Document 2 Filed 04/24/2006 Page 2 of 3 brought . . . in (1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred . . . or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought." 28 U.S.C. 1391(b). The law further provides that "[f]or the convenience of parties and witnesses, [and] 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 named defendant resides in the Southern District of Alabama. All of the actions related to the release of records are occurring or have occurred within the jurisdiction of the United States District Court for the Southern District of Alabama. Thus, the claims asserted by the plaintiff are beyond the venue of this court. However, it is clear from the face of the complaint that the proper venue for this cause of action is the United States District Court for the Southern 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 Southern District of Alabama for review and determination. C O N C L U S IO N Accordingly, it is the RECOMMENDATION of the Magistrate Judge that this case be transferred to the United States District Court for the Southern District of Alabama pursuant to the provisions of 28 U.S.C. 1404. It is further 2 Case 2:06-cv-00357-MEF-VPM Document 2 Filed 04/24/2006 Page 3 of 3 ORDERED that on or before May 3, 2006 the parties may file objections to the Recommendation. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation to which the party is objecting. Frivolous, conclusive or general objections will not be considered by the District Court. The parties are advised that this Recommendation is not a final order of the court and, therefore, it is not a p p e a la b l e . Failure to file written objections to the proposed findings and advisements in the Magistrate Judge's Recommendation shall bar the party from a de novo determination by the District Court of issues covered in the Recommendation and shall bar the 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. Done this 24th day of April, 2006. /s/ Vanzetta Penn McPherson UNITED STATES MAGISTRATE JUDGE 3

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