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)

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

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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

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