Opinion
Civil Action 00-0467-RV-C
June 20, 2000
REPORT AND RECOMMENDATION
Plaintiff, an Alabama prison inmate who is proceeding pro se, filed an action under 42 U.S.C. § 1983. This action has been referred to the undersigned for appropriate action pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.2(c)(4). It is recommended that this action be transferred to the United States District Court for the Northern District of Alabama:
Plaintiff named Diane Wynn as the sole Defendant in Section III of the complaint (Doc. 1). In this action, Plaintiff claims that his prison records contain erroneous information which have caused him to be identified as a sex offender. Plaintiff contends that the basis for this classification is a presentence report prepared by state probation officer Diane Wynn which states that a rape occurred during the commission of a burglary. Plaintiff maintains that he was convicted of burglary, but was never charged with or convicted of any sex offense. Plaintiff filed this action while he was incarcerated at Ventress Correctional Facility in the Middle District of Alabama.
A § 1983 action may be brought in
(1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought.28 U.S.C. § 1391(b); see New Alliance Party of Ala. v. Hand, 933 F.2d 1568, 1570 (11th Cir. 1991) (applying § 1391(b)'s venue provisions to a § 1983 action). However, when venue is not proper in the district of filing, in the interest of justice, a district court may transfer the action to any other district or division where the action might have been brought. 28 U.S.C. § 1406(a).
In the present action, the events giving rise to Plaintiff's action occurred in the Northern District of Alabama, and the only Defendant to this action is located in the Northern District of Alabama. Venue is, therefore, lacking in the Southern District of Alabama. Accordingly, it is recommended that, in the interest of justice, this action be transferred to the United States District Court for the Northern District of Alabama pursuant to 28 U.S.C. § 1406(a).
The Court observes that on page 3 of the complaint (Doc. 1), Plaintiff states that he previously brought an action in the Northern District of Alabama, 95-cv-353, against Commissioner Herring and Classification Director Whaley concerning erroneous information, and that Judge Probst dismissed the action with prejudice.