Greer-El v. Camden Work Center et al(INMATE 1)

Filing 5

OPINION AND ORDER: it ORDERED that this case be transferred to the United States District Court for the Southern District of Alabama pursuant to the provisions of 28 USC 1406(a); DIRECTING the clerk to undertake those measures necessary to effectuate the transfer of this case; This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 6/16/2017. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

JEROME GREER-EL, #185535, )
)
Plaintiff,
)
)
v.
)
)
)
CAMDEN WORK CENTER,
)
et al.,
)
)
Defendants.
)

CIVIL ACTION NO.
2:17-CV-332-MHT
(WO)

OPINION and ORDER
Upon receipt of the document initiating this civil
action, the court construed it as a complaint filed
pursuant

to

plaintiff
challenge
against
Work

42

Jerome
the

him

Center

by
and

U.S.C.

§

1983.

Greer-El,

a

state

constitutionality
correctional
the

In

complaint,

inmate,

of

officials

Fountain

the

seeks

actions
at

Correctional

the

to

taken
Camden

Facility.

Specifically, Greer-El complains that during a transfer

between these facilities his legal materials relevant
to this case went missing.
After reviewing the complaint, the court finds that
this case should be transferred to the United States
District

Court

for

the

Southern

District

of

Alabama

pursuant to 28 U.S.C. § 1406. A § 1983 “action 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 when a case is filed “laying venue in the
wrong division or district” the court may, “if it be in
the

interest

of

justice,

transfer

to

any

district ... where it could have been brought.”

28

2

such

case

U.S.C. § 1406(a); see also 28 U.S.C. § 1404(a) (“For
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[.]”).
The

Camden

Correctional

Work

Facility

Center
are

both

and

the

located

Fountain

within

the

jurisdiction of the United States District Court for
the Southern District of Alabama.

Thus, the actions

about which Greer-El complains occurred in the Southern
District of Alabama.

Moreover, the complaint indicates

that the individuals allegedly personally responsible
for

the

challenged

actions

District of Alabama.

reside

in

the

Southern

Under these circumstances, the

claims asserted by Greer-El are beyond the venue of
this court.
complaint
action

is

However, it is clear from the face of the

that
the

the

proper

United

venue

States

Southern District of Alabama.

3

for

District

this
Court

cause

of

for

the

In
that,

light
in

of

the

the

foregoing,

interest

convenience

of

transferred

the

to

the

of

parties,
United

the

court

justice
this

States

concludes

and

case

for

the

should

District

for

be
the

Southern District of Alabama for review and disposition
of the claims presented herein, including Greer-El’s
request

for

initiation
submit

preliminary

of

the

application

this

injunctive

civil

action,

leave

to

proceed

(Upon

Greer-El

did

not

fees

nor

an

filing/administrative
for

relief.

in

forma

pauperis.

Nevertheless, the circumstances of this case dictate
that assessment and collection of any filing fee should
be undertaken by the United States District Court for
the Southern District of Alabama.)
***
Accordingly,

it

ORDERED

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. § 1406(a).

4

The clerk of the court is DIRECTED to undertake
those measures necessary to effectuate the transfer of
this case.
This case is closed in this court.
DONE, this the 16th day of June, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE