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)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
JOSHUA STANLEY SUMNER,
Plaintiff,
v.
OFFICER PHILLIPS, and
OFFICER SISSON COI
Defendants.

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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.

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