VALENTINE v. DEPARTMENT OF HOMELAND SECURITY TRANSPORT SECURITY ADMINISTRATION
ORDER FOR TRANSFER: The report and recommendation is ACCEPTED. The case is transferred to the United States District Court for the Middle District of Florida, Orlando Division. The clerk must take all steps necessary to effect the transfer. Signed by JUDGE ROBERT L HINKLE on 8/21/2014. (dac)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
SANDRA ANNE VALENTINE,
CASE NO. 4:14cv68-RH/CAS
DEPARTMENT OF HOMELAND
ORDER FOR TRANSFER
The plaintiff filed this case in the Middle District of Florida asserting claims
against a federal agency. “For the convenience of parties and witnesses, in the
interest of justice, a district court may transfer any civil action to any other district
or division where it might have brought . . . .” 28 U.S.C. § 1404(a). The Middle
District transferred the case to this district on the court’s own motion, because the
complaint listed the plaintiff’s address in this district. Given the nature of the
allegations, it appeared the case could best go forward in this district.
Case No. 4:14cv68-RH/CAS
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As it turns out, the plaintiff’s address was fictitious, assigned under a state
program that allows individuals who are fleeing domestic violence to keep their
actual addresses out of public records. The government has moved to transfer the
case back to the Middle District, asserting, with substantial basis, that the plaintiff
probably lives there. The magistrate judge entered an order giving the plaintiff an
opportunity to respond, but she did not respond.
Transferring a case back and forth ordinarily should be avoided. But here,
new information has come to light that makes this the correct result.
The motion to transfer is before the court on the magistrate judge’s report
and recommendation, ECF No. 17. No objections have been filed. Upon
IT IS ORDERED:
The report and recommendation is ACCEPTED. The case is transferred to
the United States District Court for the Middle District of Florida, Orlando
Division. The clerk must take all steps necessary to effect the transfer.
SO ORDERED on August 21, 2014.
s/Robert L. Hinkle
United States District Judge
Case No. 4:14cv68-RH/CAS
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