Gadson v. Unnamed Defendant

Filing 2

ORDER AND OPINION Transferring Case to the Southern District of Georgia. Signed by Judge Thomas W. Thrash, Jr on 1/7/09. (dr)

FILED 1N CHAiylgEF THOMAS W. THRASH U . S. D C. Aftar na JAJIJ

IN THE UNITED STATES DISTRICT COURT ~~ HAS =C,~~ FOR THE NORTHERN DISTRICT OF GE4R~~ ATLANTA DIVISION ~Puty+ CHARLES GADSON, Plaintiff,
V.

If ,~

PRISONER MANDAMUS 28 U .S .C . § 1983

UNNAMED DEFENDANT, Defendant.

CIVIL ACTION NO . 1 :08-CV-3 8 1 3-TWT ORD E R a nd OPINION

Plaintiff, Charles Gadson, currently confined in the Chatham County Jail in
Savannah, Georgia, has submitted a letter complaint regarding the length of time it is

taking to bring him to trial in Chatham County and indicates that he wishes to file a law suit against Chatham County officials . (Doc . No . 1 .) 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
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) . Further, a 28 U .S .C . § 2241 federal habeas corpus petition generally should be brought in the United States District Court that is in the federal district within
which the prisoner is confined . Ledesma v. United States, 445 F.2d 1323, 1324 (5th

AO 7 2A ( Rev . 8/82 )

Cir. 1971) . When venue is improper, the court may, in the interest ofjustice, transfer

the case to a district court in which it could have been brought . 28 U .S .C . § 1406(a) . Chatham County is located - with in the Southern District of Georgia .
Accordingly, venue is improper in this district, and this Court finds it to be in the

interest of justice to transfer this action to the United States District Court for the Southern District of Georgia . IT I S ORDERED that this action is hereby TRAN S FERRE 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 .

IT IS S O ORDERE D , this

7

day

of

,

2009 .

4W! THOMAS W . THRASH, JR . UNITED STATES DISTRICT JUDGE

2

AO 72A ( Rev . 8/82 )