Garner v. Regions Bank
1:17-mi-00075
N.D. Ga.Aug 11, 2017Background
- Pro se plaintiff Valencia Rena Garner, a resident of DeKalb County, Georgia, filed suit in the Middle District of Florida against Regions Bank (Douglasville, GA), a bank teller, Douglas County (GA) police officers and 911 communications, a RaceTrac in Douglasville, GA, and the CIA, arising from an altercation and police encounter on July 20, 2017.
- Complaint is difficult to parse but appears to concern events that occurred in Douglas County, Georgia.
- Plaintiff moved for leave to proceed in forma pauperis; the Court construed her filing as such motion.
- The Court reviewed venue and jurisdictional rules before addressing the in forma pauperis request.
- The Court found no operative nexus between the case and the Middle District of Florida; the plaintiff and most defendants are located in the Northern District of Georgia (Atlanta Division).
- The Magistrate Judge recommended transfer of the action to the United States District Court for the Northern District of Georgia, Atlanta Division, and gave the parties 14 days to object to the Report and Recommendation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper venue | Case filed in Middle District of Florida (plaintiff submitted complaint here) | Defendants located in Georgia; events occurred in Georgia | Court held Middle District of Florida is improper venue and recommended transfer to N.D. Ga., Atlanta Division |
| Whether to screen before IFP determination | Plaintiff seeks leave to proceed IFP | Court must review complaint for defects (including venue) before granting IFP | Court reviewed complaint and determined venue defect warranted transfer prior to IFP determination |
| Transfer vs. dismissal for improper venue | Plaintiff implicitly seeks adjudication here | Transfer to proper district may serve convenience and justice | Court recommended transfer under 28 U.S.C. § 1404/1406 to N.D. Ga. |
| Notice and opportunity before transfer | No opposition noted in record | Court must give parties notice and chance to be heard before transfer | Magistrate provided parties 14 days to object to the Report and Recommendation |
Key Cases Cited
- Bricker v. Cobb Cnty., [citation="399 F. App'x 463"] (11th Cir.) (district courts may screen and dismiss or transfer frivolous or improperly venued IFP filings)
- Tazoe v. Airbus S.A.S., 631 F.3d 1321 (11th Cir. 2011) (court must give parties notice and opportunity to be heard before transferring a case)