Lackey v. Benton et al

Filing 5

OPINION AND ORDER that Magistrate Judge Linda T. Walker's Final Report and Recommendation 3 is ADOPTED. IT IS FURTHER ORDERED that this action is TRANSFERRED to the U.S. District Court for the Middle District of Georgia, Athens Division. Signed by Judge William S. Duffey, Jr on 10/8/2015. (anc)

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Athens Division, because Plaintiff’s complaint concerns only acts allegedly committed in Walton County by Walton County officials. (R&R at 1). Walton County is located within the territorial jurisdiction of the U.S. District Court for the Middle District of Georgia. II. DISCUSSION After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982) (per curiam). A district judge “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1). Where, as here, no party has objected to the report and recommendation, a court conducts only a plain error review of the record. United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983) (per curiam). A district court must transfer a case filed in the wrong court to a court in which venue is proper “if it be in the interest of justice.” 28 U.S.C. § 1406(a). The Magistrate Judge determined that, because Plaintiff is proceeding pro se and likely does not know the laws regarding venue, it is in the interest of justice to transfer this case to the proper venue. The Court finds no plain error in the 2 Magistrate Judge’s findings and recommendation. III. CONCLUSION For the foregoing reasons, IT IS HEREBY ORDERED Magistrate Judge Linda T. Walker’s Final Report and Recommendation [3] is ADOPTED. IT IS FURTHER ORDERED that this action is TRANSFERRED to the U.S. District Court for the Middle District of Georgia, Athens Division. SO ORDERED this 8th day of October, 2015. _______________________________ WILLIAM S. DUFFEY, JR. UNITED STATES DISTRICT JUDGE 3

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