Opinion
Case No. 4:08cv22-RH/WCS.
January 16, 2008
REPORT AND RECOMMENDATION
Plaintiff, who is proceeding pro se, has filed a civil rights complaint under 42 U.S.C. § 1983, doc. 1, and a motion to proceed in forma pauperis, doc. 2. Plaintiff is currently detained or incarcerated within the State of Georgia and the named Defendants are from Carroll County, Georgia. Doc. 1. It appears from the top of his in forma pauperis motion, that Plaintiff intended to initiate this case in the Northern District of Georgia and not in this Court. Docs. 1, 2. Thus, as Defendants and Plaintiff are both located in Georgia, the proper forum for this action pursuant to 28 U.S.C. § 1391(b) and 28 U.S.C. § 90(a) is in the United States District Court for the Northern District of Georgia, Newnan Division.
A federal district court has the authority under 28 U.S.C. § 1406(a) to transfer a case to another district or division "in which it could have been brought." The Court may also raise the issue of defective venue sua sponte. Lipofsky v. New York State Workers Comp. Bd., 861 F.2d 1257, 1259 (11th Cir. 1988) (stating "a district court may raise on its own motion an issue of defective venue or lack of personal jurisdiction; but the court may not dismiss without first giving the parties an opportunity to present their views on the issue.")
In light of the foregoing, and pursuant to 28 U.S.C. §§ 1404(a) and 1406(a), the undersigned respectfully RECOMMENDS transfer of this action to the United States District Court for the Northern District of Georgia, Newnan Division, for all further proceedings including a ruling on the in forma pauperis motion.
IN CHAMBERS at Tallahassee, Florida.
NOTICE TO THE PARTIES
A party may file specific, written objections to the proposed findings and recommendations within 15 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations.