Whittaker v. Griffin et al

Filing 3

ORDER Transferring civil action to the United States District Court of the Northern District of Georgia.. Signed by Judge David C. Bramlette III on 2/3/06. (Beard, Michelle)

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Whittaker v. Griffin et al Doc. 3 Case 5:06-cv-00013-DCB-JCS Document 3 Filed 02/03/2006 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION KIRK WHITTAKER, #14882-018 VERSUS DEBRA GRIFFIN, et al. ORDER OF TRANSFER This cause comes before this court, sua sponte, to transfer this complaint to the United States District Court of the Northern District of Georgia pursuant to 28 U.S.C. 1404. The plaintiff, a federal prisoner currently incarcerated in the Federal Correctional Institute, Yazoo City, Mississippi, filed this complaint and requested in forma pauperis status on January 27, 2006. A district court has the authority to transfer a case in the interest of justice to another district in which the action might have been brought. 28 U.S.C. 1404. The plaintiff's choice of forum along with "[t]he location of counsel for all parties, the cost of obtaining attendance of witnesses and other trial expenses, and the place of the alleged wrong" are factors to consider when determining whether a transfer is appropriate. McRae v. Sawyer, 660 F. Supp. 62, 64 (S.D. Miss. 1986) (citing Gulf Oil Co. v. Gilbert, 330 U.S. 501, 508-09 (1947)). According to the complaint, seven of the eight defendants are located in the Northern District of Georgia and the allegations of the complaint occurred in the Northern District of Georgia. Under these circumstances, this court has determined that in the interest of justice this civil action should be transferred. IT IS THEREFORE ORDERED that this civil action be transferred to the United States District Court of the Northern District of Georgia, 2211 Richard B. Russell Federal Building and PLAINTIFF CIVIL ACTION NO. 5:06cv13DCB-JCS DEFENDANTS Dockets.Justia.com Case 5:06-cv-00013-DCB-JCS Document 3 Filed 02/03/2006 Page 2 of 2 United States Courthouse, 75 Spring Street, S.W., Atlanta, GA 30303-3309, and that the complaint and motion to proceed in forma pauperis filed in this civil action shall be received in accordance with the local rules of the Northern District of Georgia. SO ORDERED, this the 3rd day of February , 2006. S/DAVID BRAMLETTE UNITED STATES DISTRICT JUDGE 2

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