Nelson v. Griffin et al

Filing 3

REPORT AND RECOMMENDATIONS of the Magistrate Judge is that the defendands are located in Fulton County, Georgia. Accordingly, this case should be transfered to the Northern District of Georgia, Atlanta Division, for all further proceedings. Objections to R&R due by 3/8/2010 Responses due by 3/8/2010. Signed by Magistrate Judge G. R. Smith on 2/23/2010. (loh)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION ) ) Plaintiff, ) ) V. ) ) DET. T.K. GRIFFIN OF FULTON ) COUNTY, and FULTON COUNTY, ) ) Defendants. ) RAY NELSON, SR., Case No. CV410-024 REPORT AND RECOMMENDATION Civil rights plaintiff Ray Nelson has submitted for filing a complaint concerning allegations of government misconduct arising in Fulton County, Georgia. (Doc. 1.) Since his claim arises from events occurring in the Atlanta area, and since the defendants are located there, the proper forum for the action is in the Northern District of Georgia, Atlanta Division, 28 U.S.C. § 1391(b) (venue); 28 U.S.C. § 1406 (permitting district courts to dismiss or transfer cases suffering from venue defects); 28 U.S.C. § 90 (establishing districts and divisions for Georgia's federal courts). Accordingly, this case should be transferred to the Northern District of Georgia, Atlanta Division, for all further proceedings. SO REPORTED AND RECOMMENDED this 23rd day of February, 2010. UNTIED STATES MAGISTRATE JUDGE SOUThERN DISTRICT of GEORGIA 2

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