Kundra v. Warden, Louisiana Corrections Services Inc. et al (Inmate 1)

Filing 3

REPORT AND RECOMMENDATIONS re 1 Inmate 1983 Complaint filed by Francis Tejani Kundra, 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. Objections to R&R due by 11/21/2006. Signed by Judge Delores R. Boyd on 11/8/2006. (dmn)

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Kundra v. Warden, Louisiana Corrections Services Inc. et al (Inmate 1) Doc. 3 Case 2:06-cv-01001-MHT-DRB Document 3 Filed 11/08/2006 Page 1 of 4 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION FRANCIS TEJANI KUNDRA, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 2:06-CV-1001-MHT [WO] WARDEN - LOUISIANA CORRECTIONS SERVICES, INC., et al., Defendants. RECOMMENDATION OF THE MAGISTRATE JUDGE In this Bivens action,1 Francis Tejani Kundra ["Kundra"], an immigrant detained in fe d e ra l custody at the Immigration Detention Center in Houston, Texas, challenges the co n stitutio n ality of conditions imposed upon him during his incarceration at the Perry C o u n ty Correctional Center. The Perry County Correctional Center is located within the ju ris d ic tio n of the United States District Court for the Southern District of Alabama. U p o n 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 D is tric t of Alabama pursuant to 28 U.S.C. 1404. 2 Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). 1 Kundra filed an affidavit in support of a request for leave to proceed in forma pauperis. However, in light of the April 1996 revisions to 28 U.S.C. 1915 and under the circumstances of this case, this court 2 Dockets.Justia.com Case 2:06-cv-01001-MHT-DRB Document 3 Filed 11/08/2006 Page 2 of 4 D IS C U S S IO N A civil action filed by an inmate "may be brought . . . in (1) a judicial district where a n y defendant resides, if all defendants reside in the same State, (2) a judicial district in w h ic h 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 th e action may otherwise be brought." 28 U.S.C. 1391(b). The law further provides that "[f]o r the convenience of parties and witnesses, [and] in the interest of justice, a district court m a y transfer any civil action to any other district . . . where it might have been brought." 28 U .S.C . 1404(a). N o n e of the named defendants reside in the Middle District of Alabama whereas all o f the individuals responsible for the alleged constitutional violations which occurred at the P e rry County Correctional Center reside in the Southern District of Alabama. Moreover, the a c tio n s about which the plaintiff complains occurred within the jurisdiction of the United Sta te s District Court for the Southern District of Alabama. Thus, the claims presented by the p la in tiff are beyond the venue of this court. However, it is clear from the face of the co m p lain t 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 makes no determination with respect to such request as the assessment and collection of any filing fee should be undertaken by the United States District Court for the Southern District of Alabama. 2 Case 2:06-cv-01001-MHT-DRB Document 3 Filed 11/08/2006 Page 3 of 4 co n ven ienc e of the parties this case should be transferred to the United States District Court fo r the Southern District of Alabama for review and determination. C O N C L U SIO N A c c o r d in gly , it is the RECOMMENDATION of the Magistrate Judge that this case b e transferred to the United States District Court for the Southern District of Alabama p u rsua n t to the provisions of 28 U.S.C. 1404. It is further ORDERED that on or before November 21, 2006 the parties may file objections to th e Recommendation. Any objections filed must specifically identify the findings in the M a gis tra te Judge's Recommendation to which the party is objecting. Frivolous, conclusive o r general objections will not be considered by the District Court. The parties are advised th a t this Recommendation is not a final order of the court and, therefore, it is not appealable. F a ilu re to file written objections to the proposed findings and advisements in the M a gis tra te Judge's Recommendation shall bar the party from a de novo determination by the D is tric t Court of issues covered in the Recommendation and shall bar the party from a tta c kin g on appeal factual findings in the Recommendation accepted or adopted by the D istr i c t Court except upon grounds of plain error or manifest injustice. Nettles v. W a in wr ig h t, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 3 3 (11th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981, e n banc), adopting as binding precedent all of the decisions of the former Fifth Circuit 3 Case 2:06-cv-01001-MHT-DRB Document 3 Filed 11/08/2006 Page 4 of 4 h a n d e d down prior to the close of business on September 30, 1981. D o n e this 8 th day of November, 2006. /s / Delores R. Boyd D E LO R E S R. BOYD U N IT E D STATES MAGISTRATE JUDGE 4

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