MCKINNEY v. LEWIS et al

Filing 3

ORDER transferring this case to the United States District Court for the Middle District of Georgia. Signed by Magistrate Judge Christopher L. Ray on 6/5/24. (wwp) [Transferred from gasd on 6/5/2024.]

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
CHARLES DEWAYNE
MCKINNEY,
Plaintiff,
v.
COII SHAKRISTY LEWIS, et al.,
Defendants.

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CV424-105

ORDER
Pro se plaintiff Charles Dewayne McKinney has filed this 42 U.S.C.
§ 1983 case alleging that several corrections officers failed to protect him
from assaults by other inmates at Autry State Prison. See doc. 1 at 4-5.
He has moved to proceed in forma pauperis. Doc. 2. Since it is clear that
this Court is not the proper venue for his claims, this case will be
transferred. The issue of his filing fee, and whether he will be permitted
to proceed IFP, will be resolved by the transferee court. Cf., White v.
Lemma, 947 F.3d 1373, 1378-79 (11th Cir. 2020) (failure to pay the
required filing fee is not a jurisdictional defect).
Autry State Prison is located in Pelham, Georgia, in Mitchell
County. See, e.g., doc. 1 at 4. Mitchell County lies in the Middle District
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of Georgia. See 28 U.S.C. § 90(b)(5). As McKinney’s allegations concern
events that occurred exclusively in another district, the proper forum for
this case is the United States District Court for the Middle District of
Georgia. 28 U.S.C. §1391(b) (venue); 28 U.S.C. § 1406 (district courts
may dismiss or transfer cases suffering venue defects); see also, e.g.,
Collins v. Hagel, 2015 WL 5691076, at *1 (N.D. Ga. Sept. 28, 2015) (“A
district court may raise the issue of defective venue sua sponte.”).
Accordingly, the Clerk is DIRECTED to transfer this case to the
Middle District of Georgia for all further proceedings.
SO ORDERED, this 5th day of June,, 2024.
_______________________________
_____________________________
HRISTOPHER
RISTO
OPH
HER L. RAY
CHR
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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