Walker v. Unnamed Defendant, No. 1:2010cv00443 - Document 2 (N.D. Ga. 2010)

Court Description: OPINION AND ORDER TRANSFERRING the civil rights action to the USDC Southern District of Georgia, Augusta Division for further proceedings. The Clerk is DIRECTED to place a copy of the 1 Complaint in Civil Action No. 1:07-cv-3155-TCB, docketing it as a letter from Plaintiff. Signed by Judge Timothy C. Batten, Sr. on 3/3/2010. (alc)
Download PDF
~ t<~t, .... ~ ~ ~~,.~. '1,;,:: ~ .f IN THE UNITED STATES DISTRI.CT COUR~· _ ,~.i-',~~,~~. FOR THE NORTHERN DISTRICT OF GEOR~ J~ ,. "<~:'.'. ATLANTA DIVISION TI)~ ~ - ?'Jr{J) SCOTT GERRARD WALKER, GDC NO. 1187151, Plaintiff, : CIVIL RIGHT COMPLA 42 U.S.C. § 1983 '~ CIVIL ACTION NO. 1: 1O-CV-0443-TCB v. UNNAMED, Defendant. ORDER AND OPINION Plaintiff Scott Gerrard Walker ("Plaintiff') has submitted a "WITNESS STATEMENT" which the Clerk ofthe Court has construed as a42 U.S.C. § 1983 civil rights complaint. (Doc. 1.) Plaintiff alleges that prison officials at the Augusta State Medical Prison in Grovetown, Georgia, used excessive force against him which resulted in an injury to his right arm. (Id. at 1.) Plaintiff also alleges that he did not receive medical treatment for his injury. (Id.) Additionally, Plaintiff claims that he had his legal addresses confiscated, and that he was placed in administrative segregation after being falsely accused of gang activity. (Id.) Plaintiff seeks a restraining order against Warden Dennis Brown and unnamed prison officials. (Doc. 1 at 2.) ~ ~~. ~ .~ '4'V3 ik, . ~... The Augusta State Medical Prison is located in the United States District Court for the Southern District of Georgia, Augusta Division. According to 28 U.S.C. § 1391(b), a civil action should be brought in a "district where any defendant resides" or in a "district where a substantial part of the events or omissions giving rise to the claim occurred." As the events alleged in this civil rights action occurred in the Southern District of Georgia and the prison officials presumably live in that district, venue lies in the Southern District of Georgia. Title 28 U.S.C. § 1406(a) states: "The district court ofa district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest ofjustice, transfer such case to any district or division in which it should have been brought." Given Plaintiffs allegations and in deference to his pro se status, I conclude that the interest ofjustice will be served by transferring this action to the Southern District of Georgia. In so concluding, I note that Plaintiff has a pending civil rights action in this Court concerning unrelated matters. See Walker v. Spears, Civil Action No. 1:07­ CV-3155-TCB. At the end of the pleading before me, Plaintiff states that he intends to inform this Court ofthese matters. 2 (Doc~ 1 at 2.) Although, the remedy Plaintiff seeks should be pursued in the Southern District of Georgia, I will have a copy of this action placed in his pending civil rights action. IT IS ORDERED that this civil rights action is TRANSFERRED to the UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA, AUGUSTA DIVISION along with all orders and pleadings for further proceedings. The Clerk of the Court is DIRECTED to place a copy ofthis complaint in Civil Action No 1:07-CV-3155-TCB and to docket it as a letter from Plaintiff IT IS SO ORDERED, this J,J day of--=-t1_~_-,-----_ _ _:, 2010. TIM THY C. BATTEN, SR. UNITED STATES DISTRICT JUDGE 3