Sumner v. Phillips et al

Filing 3

ORDER: The Clerk is thus DIRECTED to transfer this case to the United States District Court for the Northern District of Georgia for all further proceedings. Signed by Magistrate Judge G. R. Smith on 6/15/17. (jlm)[Transferred from Georgia Southern on 6/15/2017.]

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION JOSHUA STANLEY SUMNER, Plaintiff, v. OFFICER PHILLIPS, and OFFICER SISSON COI Defendants. ) ) ) ) ) ) ) ) ) ) CV417-099 ORDER Pro se plaintiff Joshua Sumner brings this action to recover for injuries that he alleges he suffered in Polk and Floyd counties while incarcerated at Floyd County Correctional Institution. See doc. 1 at 5. He is now incarcerated at Jimmy Autry State Prison in Pelham, Georgia. See id at 4. Pelham is in Mitchell County, Georgia. Polk and Floyd Counties are in the Northern District of Georgia, see 28 U.S.C. § 90(a), and Mitchell County is in the Middle District of Georgia, see 28 U.S.C. § 90(b). There is, therefore, no apparent connection to the Southern District of Georgia, much less the Savannah Division. See 28 U.S.C. § 90(c). Since the events giving rise to Sumner’s Complaint appear to have all taken place in the Northern District, the Court will transfer his case there. See 28 U.S.C. §§ 1391(b) (establishing proper venue in, among other districts, “a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred,”), 1404(a) (allowing “transfer [of] any civil action to any other district or division where it might have been brought”). The Clerk is thus DIRECTED to transfer this case to the United States District Court for the Northern District of Georgia for all further proceedings. SO ORDERED, this 15th day of June, 2017. 2

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