EDWARDS v. THE STATE OF GEORGIA

Filing 4

ORDER transferring this case to the United States District Court for the Middle District of Georgia, Valdosta Division, for further consideration. Signed by Magistrate Judge Brian K. Epps on 3/7/2025. (amd) [Transferred from gasd on 3/7/2025.]

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
JAMES BENARD EDWARDS,

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Plaintiff,
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v.
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THE STATE OF GEORGIA; LOWNDESS )
COUNTY; LOWNDESS COUNTY
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DISTRICT ATTORNEYS OFFICE; and
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GA DEPT. OF CORRECTIONS,
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Defendants.
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CV 125-041

ORDER
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Plaintiff, incarcerated at Augusta State Medical Prison (“ASMP”) in Grovetown,
Georgia, filed a pleading in the Augusta Division of the Southern District of Georgia which
the Clerk of Court interpreted as a civil rights complaint filed pursuant to 42 U.S.C. § 1983,
and he seeks to proceed in forma pauperis. However, upon review of Plaintiff’s pleading, it
is unclear whether he is attempting to assert civil rights claims against Defendants located in
Lowndes County, Georgia, or is attempting to petition for habeas corpus relief from a
conviction obtained in Lowndes County. 1

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In his request for relief, Plaintiff seeks not only monetary relief, but also release from
prison. (Doc. no. 1, p. 5.) To the extent Plaintiff includes information about his circumstances at
ASMP in this case, (see, e.g., doc. no. 1-1, pp. 7-8), Court records reflect Plaintiff has a separately
pending conditions of confinement case that does not name any Defendants located in the Middle
District. See Edwards v. Augusta State Medical Prison, CV 125-031 (S.D. Ga. Feb. 26, 2025).

Under either interpretation of Plaintiff’s pleading, the case does not belong in the
Southern District of Georgia. If Plaintiff intends to bring a civil rights complaint against
Lowndes County-based Defendants, for actions which occurred in Lowndes County, the
proper venue is the Middle District of Georgia. See 28 U.S.C. § 1391(b). If Plaintiff seeks
habeas corpus relief, it is the practice of this Court to transfer an action attacking a conviction
to the District in which the original criminal proceedings were conducted, see 28 U.S.C.
§ 2241(d), which in this case would also be the Valdosta Division of the Middle District of
Georgia.
Accordingly, the Court ORDERS this case TRANSFERRED to the Middle District
of Georgia, Valdosta Division. The Court also DIRECTS the Clerk to forward the file to that
District. For Plaintiff’s information, the mailing address for Valdosta Division is: U.S. District
Court, 401 North Patterson Street, Valdosta, Georgia 31601.
SO ORDERED this 7th day of March, 2025, at Augusta, Georgia.

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