SMITH v. GUNN et al

Filing 3

ORDER directing the Clerk to transfer this case to the United States District Court for the Middle District of Georgia. Signed by Magistrate Judge G. R. Smith on 11/24/14. (wwp) [Transferred from gasd on 11/25/2014.]

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

MICHAEL G. SMITH,

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Plaintiffs,.

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Case No. CV414-248

V.
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LT. COREY GUNN, SGT. JEFFERY )
GILLS, C/O TAYLOR, SUSAN GUNN,)
And WARDEN DENNIS CALWEBB, )
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Defendants.

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ORDER
Before the Court is Michael G. Smith's 42 U.S.C. § 1983 civil rights
complaint claiming that several Wilcox State Prison guards savagely beat
him on multiple occasions. (Doc. 1.) While he is currently detained
within the jurisdiction of this Court (Telfair State Prison), all of the
defendants named in the complaint reside within the jurisdiction of the
United States District Court for the Middle District of Georgia, see 28
U.S.C. § 90(b)(4) (Wilcox County lies within the Middle District's
Americus Division), and all of the facts underlying the complaint
transpired there. Since his claims have no connection to this District,

and since he does not allege that any defendant resides here, Smith's
case must be transferred to the Middle District of Georgia. 28 U.S.C. §
1391 (venue); 28 U.S.C. § 1406 (permitting district courts to dismiss or
transfer cases suffering from venue defects). Accordingly, the Clerk is
DIRECTED to transfer this case to the United States District Court for
the Middle District of Georgia for all further proceedings.
SO ORDERED this a/day of November, 2014.

ti7Z-.
UNITED TATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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