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Sumrall v. Schoburg

United States District Court, Middle District of Georgia
Aug 19, 2024
Civil Action 5:24-cv-00250-TES-TQL (M.D. Ga. Aug. 19, 2024)

Opinion

Civil Action 5:24-cv-00250-TES-TQL

08-19-2024

AMMON RA SUMRALL, Plaintiff, v. DR. THOMAS SCHOBURG, et al., Defendants.


ORDER STRIKING PLAINTIFF'S OBJECTION

TILMAN E. SELF, III, JUDGE.

Pro se Plaintiff Amman Ra Sumrall, an inmate at Wilcox State Prison in Abbeville, Georgia, filed an Objection [Doc. 8] to the Northern District of Georgia's Order transferring this case. See [Doc. 3]. Plaintiff commenced this action on July 3, 2024, by filing a civil rights complaint under 42 U.S.C. § 1983 seeking damages, injunctive relief, and possibly declaratory relief. See [Doc. 1].

United States Magistrate Judge Catherine M. Salinas transferred this case under 28 U.S.C. § 1404(a) on July 25, 2024, noting that “the events about which Plaintiff complains occurred in the Middle District and the witnesses presumably would be located” in the Middle District of Georgia. [Doc. 3]. On August 12, 2024, Plaintiff filed Objections in the Northern District of Georgia, arguing that the magistrate judge had no authority to transfer this case. See Objections, Sumrall v. Schoburg, 1:24-cv-2990-VCM (N.D.Ga. Aug. 12, 2024), ECF No. 4.

The next day, Plaintiff filed the same objections in this Court. [Doc. 8]. However, a district court lacks power to review another district court's decision, and a transferor court retains jurisdiction to reconsider its own transfer order. Daker v. Bryson, 841 Fed.Appx. 115, 124 (11th Cir. 2020) (citations omitted). Thus, this Court has no power to review the Northern District of Georgia's Transfer Order and lacks jurisdiction to consider Plaintiff's Objection to it. See [Doc. 8]; [Doc. 3]. Accordingly, the Court STRIKES Plaintiff's Objection [Doc. 8].

SO ORDERED.


Summaries of

Sumrall v. Schoburg

United States District Court, Middle District of Georgia
Aug 19, 2024
Civil Action 5:24-cv-00250-TES-TQL (M.D. Ga. Aug. 19, 2024)
Case details for

Sumrall v. Schoburg

Case Details

Full title:AMMON RA SUMRALL, Plaintiff, v. DR. THOMAS SCHOBURG, et al., Defendants.

Court:United States District Court, Middle District of Georgia

Date published: Aug 19, 2024

Citations

Civil Action 5:24-cv-00250-TES-TQL (M.D. Ga. Aug. 19, 2024)