Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Washington v. Inch

United States District Court, N.D. Florida, Panama City Division

November 14, 2019

KENNETH WASHINGTON, Plaintiff,
v.
MARK S. INCH, et al., Defendants.

          REPORT AND RECOMMENDATION

          Michael J. Frank, United States Magistrate Judge

         Plaintiff, a prisoner proceeding pro se, has filed a civil rights complaint under 42 U.S.C. § 1983. The undersigned concludes that this case should be transferred to the United States District Court for the Southern District of Florida based on venue considerations.[1]

         I. Background

         Plaintiff Kenneth Washington is an inmate of the Florida Department of Corrections (“FDC”) confined at Graceville Correctional Institution in Graceville, Florida. Washington is suing the Secretary of the FDC and three prison officials at Dade Correctional Institution in Florida City, Florida: Warden Colon, Sergeant Shelby, and Officer Green. (Doc. 1 at 1-2). Washington claims that Colon, Shelby, and Green failed to protect him from attacks by gang members at Dade CI on May 2, 2019, and June 22, 2019. (Id. at 4-5). Washington asserts no allegations against Secretary Inch. As relief, Washington seeks $4 million in damages and “immediate release if Department of Corrections proves it cannot provide proper protection for the plaintiff.” (Id. at 5).

         II. Discussion

         Venue 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 action.

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.”).

         The Northern District of Florida is not the proper venue for this action. The events giving rise to Washington's claims occurred at Dade CI, which is located in the Southern District of Florida. Defendants Colon, Shelby, and Green reside in Florida City, Florida, which is located in the Southern District. (Doc. 1 at 2-3). For the convenience of the parties and the witnesses, and in the interest of justice, this case should be transferred to the Southern District of Florida.

         III. Conclusion

         For the reasons set forth above, the undersigned respectfully RECOMMENDS that:

         1. This case be TRANSFERRED to the United States District Court for the Southern District of Florida.

         2. The clerk of court close this case file.

         NOTICE ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.