Gadson v. Chatham County Sheriff Department

Filing 3

ORDER AND OPINION that this case is Transferred to the Southern District of Georgia. Signed by Judge Thomas W. Thrash, Jr on 2/11/09. (dr)

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FILED IN CHAMBERS THOMAS W. THRASH JI U . S, D.C. Atlanta FOR THE NORTHERN DISTRICT OF GEOR ATLANTA DIVISION y IN THE UNITED STATES DISTRICT COURT 2009 rk ES N' HQ7 N ' c1e · E)ep"ty( Agx CHARLES GAD SON, JR. Plaintiff, V. PRISONER CIVIL RIGHTS 42 U .S .C . § 1983 CHATHAM COUNTY SHERIFF CIVIL ACTION NO . DEPARTMENT, 1 :09-CV- 0231-TWT Defendant . ORD E R a nd OPI N IO N Plaintiff, Charles Gadson, currently confined in the Chatham County Jail in Savannah, Georgia, has submitted a civil rights complaint regarding his ongoing criminal proceedings in Chatham County . (Doe. 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) . When venue is improper, the court may, in the interest of justice, transfer the case to a district court in which it could have been brought . 28 U .S .C . § 1406(a) . Chatham County is located within the Southern District of Georgia . Accordingly, venue is improper in this district, and this Court finds it to be in the AO 72A (Rev . 8182) interest of justice to transfer this action to the United States District Court for the Southern District of Georgia . IT IS ORDERED that this action is hereby TRANSFERRED 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 SO ORDERED , this t : day of 12009 . THOMAS W . THRASH, JR . UNITED STATES DISTRICT JUDGE j2K 2 AO 7 2A (Rev .8/82)

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