Allen v. Smith et al

Filing 3

ORDER AND OPINION that this action is TRANSFERRED to the USDC Southern District of GA. Signed by Judge Thomas W. Thrash Jr. on 7/2/07. (dr)

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Case 1:07-cv-01450-TWT Document 3 Filed 07/03/2007 Page 1 of 2 FILED IN CHAMBERS THOMAS W . THRASH J I U . S . U C . Atlanta JUL -3 IN THE UNITED STATES DISTRICT COURT,lAMES N . HA1T . Clsr FOR THE NORTHERN DISTRICT OF GEQR &IA ~ p Qp , ,ty ATLANTA DIVISION DWIGHT L. ALLEN, Plaintiff, V. PRISONER CIVIL RIGHTS 42 U .S .C . 1983 SHERIFF BILL SMITH, GRANT PORTER, Head Medical Dept ., DOCTOR JOHN DOE, Defendants . CIVIL ACTION NO . 1 :07-CV-1450-TWT ORD E R a n d OP INIO N Plaintiff, Dwight L . Allen, currently confined in the Camden County Jail in Woodbine, Georgia, has submitted the instant fro se 42 U.S .C . 1983 civil rights action against Bill Smith, Camden County Sheriff ; Grant Porter, Head of the Medical Department of Camden County Jail ; and John Doe, Doctor at that facility . (Doc . No. 1 ~ III . ) Plaintiff complains that, as a pre-trial detainee, he was housed with convicted inmates in Camden County Jail and, as a result, his hand was injured in a fight . Plaintiff further complains that he has received inadequate treatment for that injury . (Id . IV.) A federal-law action may be brought in a judicial district where any defendant resides, if all defendants reside in the same State, or in the judicial district in which AO 72A ( Rev . 8/82 ) Case 1:07-cv-01450-TWT Document 3 Filed 07/03/2007 Page 2 of 2 the claims arose . 28 U.S .C . 1391(b) ; New Alliance Party of Ala . v . Hand, 933 F .2d 1568, 1570 (11th Cir . 1991) ((applying 1391(b)'s venue provisions to a 1983 action) . When venue is improper, the court may, in the interests of justice, transfer the case to a district court in which it could have been brought . 28 U .S .C . 1406(a) . Defendants are associated with Camden County Jail and the matters of which Plaintiff complains occurred at that facility, which is located in the Southern District of Georgia . Accordingly, venue is improper in this district, and this Court finds it to be in the interests of justice to transfer this action to the United States District Court for the Southern District of Georgia . IT I S ORD E RED that this action is hereby TRANSFERRE D to the UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA, along with all orders, motions, affidavits, pleadings and exhibits (if any) filed herein for further proceedings under 28 U .S .C . 1915A and 42 U .S .C . 1983 . IT IS SO ORD E RED, this ~ day of 52007 . THOMAS W . THRASH, JR. UNITED STATES DISTRICT JUDGE 2 AO 72A ( Rev . 8 I82 )

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