Baisden v. LifeTech (INMATE 1)
2:17-cv-00667
M.D. Ala.Oct 13, 2017Background
- Larry R. Baisden II, an inmate, filed a 42 U.S.C. § 1983 complaint alleging denial of dental treatment at Life Tech Transition Facility in Thomasville, Alabama.
- The Life Tech facility is located within the Southern District of Alabama; alleged actions occur there and involve individuals residing there.
- The Middle District of Alabama is the initial filing venue, but the defendant argues venue is improper.
- The magistrate judge recommends transferring the case to the Southern District of Alabama for review and disposition under 28 U.S.C. § 1406(a).
- The court notes that the plaintiff did not submit filing fees or an IFP application at filing; fees should be collected by the Southern District if transferred.
- The recommendation states the transfer does not address merits or proper defendants and is not a final order; objections may be filed by a deadline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue should be transferred under § 1406(a). | Baisden contends venue is improper in the Middle District. | Life Tech and related actions occur in SD Alabama; transfer is appropriate for convenience and justice. | Transfer to SD Alabama recommended. |
Key Cases Cited
- Resolution Trust Co. v. Hallmark Builders, Inc., 996 F.2d 1144 (11th Cir. 1993) (objections and de novo review standards; plain error exception)
- Henley v. Johnson, 885 F.2d 790 (11th Cir. 1989) (plain error review principles)