United States District Court, N.D. Florida, Tallahassee Division
ANTHONY C. SANDERS, Plaintiff,
JOHN DOE, et al., Defendants.
REPORT AND RECOMMENDATION
MICHAEL J. FRANK UNITED STATES MAGISTRATE JUDGE
a prisoner proceeding pro se and in forma
pauperis, has filed a civil rights complaint under 42
U.S.C. § 1983 (Doc. 1). Plaintiff paid the initial
partial filing fee (Doc. 22), and his complaint is before the
court for screening. See 28 U.S.C. § 1915A(a).
The undersigned concludes that this case should be
transferred to the United States District Court for the
Middle District of Florida based on venue
Anthony Sanders is an inmate of the Florida penal system
confined at Taylor Correctional Institution in Perry,
Florida. Sanders is suing three prison officials at Hamilton
Correctional Institution in Jasper, Florida, claiming that on
July 8, 2018, they were deliberately indifferent to his
safety when they failed to prevent an inmate assault.
According to Sanders, the inmate “was walking laps with
his weapons out in plain view” prior to the attack.
(Doc. 1, p. 6 in ECF). As relief, Sanders seeks damages and a
declaration that his constitutional rights were violated.
(Id., p. 7 in ECF).
for actions under 42 U.S.C. § 1983 is governed by 28
U.S.C. § 1391(b), which provides:
A civil action may be brought in (1) a judicial district in
which any defendant resides if all defendants are residents
of the State in which the district is located; (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) if there is no district in which an action
may otherwise be brought as provided in this section, any
judicial district in which any defendant is subject to the
court's personal jurisdiction with respect to such
Id. When a civil action is brought in the wrong
forum, the district court may transfer it to the proper
forum. See 28 U.S.C. § 1404(a) (“For the
convenience of parties and witnesses, in the interest of
justice, a district court may transfer any civil action to
any other district or division where it might have been
brought.”); see also 28 U.S.C. § 1406(a)
(“The district court of a district in which is filed a
case laying venue in the wrong division or district shall
dismiss, or if it be in the interest of justice, transfer
such case to any district or division in which it could have
been brought.”). The decision to transfer an action is
left to the “sound discretion of the district court . .
. .” Roofing & Sheeting Metal Servs. v. La
Quinta Motor Inns, 689 F.2d 982, 985 (11th Cir. 1982).
Such transfers may be made sua sponte by the
district court. See Mills v. Beech Aircraft Corp.,
886 F.2d 758, 761 (5th Cir. 1989); Robinson v.
Madison, 752 F.Supp. 842, 846 (N.D. Ill. 1990) (“A
court's authority to transfer cases under § 1404(a)
does not depend upon the motion, stipulation or consent of
the parties to the litigation.”).
Northern District of Florida is not the proper venue for this
action. All of the Defendants reside in Jasper, Florida,
which is located in the Middle District. (Doc. 1, p. 2 in
ECF). The events giving rise to Sanders's claim occurred
in Jasper, Florida (in the Middle District), and sources of
proof Sanders identifies (video footage and witnesses) are
located there. (Id., pp. 5-6 in ECF). As the proper
venue for this action is the Middle District of Florida, it
is in the interest of justice to transfer this case to that
reasons set forth above, the undersigned respectfully
1. This case be TRANSFERRED to the United
States District Court for the Middle District of Florida.
2. The clerk of court close this case file.