YANCEY v. WILMINGTON TRUST NA
ORDER DISMISSING without prejudice (1) Plaintiff's Complaint. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 8/31/2017. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
WILMINGTON TRUST, N.A.,
CIVIL ACTION NO. 5:17-CV-316 (MTT)
Pursuant to 28 U.S.C. § 1406(a), the Court DISMISSES the Plaintiff’s Complaint
(Doc. 1) without prejudice.
The events forming the basis of the Plaintiff’s complaint and motion for leave to
proceed IFP appear to arise from the foreclosure of a house belonging to the Plaintiff
and his wife. See generally Docs. 1; 2. The Plaintiff’s complaint specifies the address
for the house, which is in McDonough, in Henry County, Georgia. Doc. 1 at ¶ “6.7.8.”1
The Plaintiff alleges that “[s]aid property is located within this District.” Id. The
Defendant in the suit is Wilmington Trust, N.A. Id. at ¶¶ 9-12.
But Henry County is located in the Northern District of Georgia. The Plaintiff
does not allege, nor do his allegations suggest, that any of the Defendants reside in the
Middle District of Georgia. His allegations reveal that no part of the events or omissions
giving rise to his claims occurred in the Middle District of Georgia, much less a
substantial part. Because Henry County is located in the Northern District of Georgia,
This unusual paragraph numbering is the Plaintiff’s.
that district is the proper venue for this case. See 28 U.S.C. § 1391(b) (setting forth the
requirements for proper venue).
Having determined that venue is improper in the Middle District of Georgia, the
Court turns to whether to dismiss the complaint for improper venue or transfer it to the
Northern District of Georgia. See 28 U.S.C. § 1406(a) (“The district court of a district in
which is filed a case laying venue in the wrong division or district shall dismiss, or if it be
in the interest of justice, transfer such case to any district or division in which it could
have been brought.”). It appears that the events underlying this case have already
appeared before the Northern District of Georgia at least twice. See Yancey v.
Wilmington Trust, N.A., No. 1:15-cv-4441 (N.D. Ga.); Wilmington Trust, N.A. v. Scarlett,
No. 1:15-cv-3803 (N.D. Ga.). Accordingly, the Court finds that it is not in the interest of
justice to transfer the case, and the complaint (Doc. 1) is DISMISSED without
SO ORDERED, this 31st day of August, 2017.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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