Delaune v. Hutton (INMATE 1)
2:18-cv-00517
M.D. Ala.Jun 5, 2018Background
- Plaintiff Roderick Delaune, an Alabama state inmate, filed a 42 U.S.C. § 1983 complaint challenging events that occurred at Bibb Correctional Facility in September 2017.
- Delaune named Bibb correctional officer John Hutton and Warden Phyllis Billups as defendants.
- Delaune filed the complaint in the Middle District of Alabama and sought in forma pauperis status.
- Bibb Correctional Facility and the named defendants are located within the Northern District of Alabama.
- The Magistrate Judge reviewed venue under 28 U.S.C. §§ 1391(b) and 1406(a) and found the Middle District to be the wrong venue for the claims asserted.
- The Magistrate Judge recommended transferring the case to the United States District Court for the Northern District of Alabama in the interest of justice and convenience of the parties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper venue for § 1983 action (whether Middle District is correct) | Delaune filed in the Middle District (case originally lodged there) | Claims arose and defendants reside in Northern District, so venue is improper in Middle District | Transfer to the Northern District of Alabama under 28 U.S.C. § 1406(a) (case beyond venue of this court) |
Key Cases Cited
- Resolution Trust Co. v. Hallmark Builders, Inc., 996 F.2d 1144 (11th Cir. 1993) (failure to object to magistrate recommendation waives right to de novo review and to challenge on appeal unobjected-to conclusions)
- Henley v. Johnson, 885 F.2d 790 (11th Cir. 1989) (same principle regarding waiver through failure to timely object to magistrate findings)