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Garner v. Regions Bank
6:17-cv-01454
M.D. Fla.
Aug 11, 2017
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Background

  • Pro se plaintiff Valencia Rena Garner, a resident of Decatur, Georgia (DeKalb County), filed a complaint in the Middle District of Florida alleging an altercation and subsequent police encounter on July 20, 2017.
  • Defendants named include a Regions Bank branch in Douglasville, GA, a bank teller (Salome Spooner), Douglas County Police Department 911 Communications, officers M. Neumeyer and K. Riggs, a RaceTrac in Douglasville, and the Central Intelligence Agency.
  • The alleged incident occurred at or near the Regions Bank and/or the RaceTrac in Douglasville, Georgia (Douglas County).
  • Plaintiff filed an Application to Proceed in District Court Without Prepaying Fees (construed as IFP motion). The court reviewed venue as part of the preliminary screening.
  • The Magistrate Judge found no nexus to the Middle District of Florida because all relevant parties and events are in the Northern District of Georgia (Atlanta Division).
  • Recommendation: transfer the case to the U.S. District Court for the Northern District of Georgia, Atlanta Division, and provided 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 (no clear venue argument) Venue should be where defendants/res events are located (Georgia) Venue is improper in Middle District of Florida; transfer to N.D. Ga., Atlanta Division recommended
Preliminary screening for IFP Requests to proceed without prepaying fees Court must screen complaint and may dismiss or transfer for reasons including improper venue Court reviewed complaint and determined venue defect before ruling on IFP; recommends transfer

Key Cases Cited

  • Bricker v. Cobb Cnty. Gov’t. & Pers., [citation="399 F. App'x 463"] (11th Cir.) (venue and screening considerations in in forma pauperis matters)
  • Tazoe v. Airbus S.A.S., 631 F.3d 1321 (11th Cir. 2011) (court must give notice and opportunity to be heard before transferring a case)
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Case Details

Case Name: Garner v. Regions Bank
Court Name: District Court, M.D. Florida
Date Published: Aug 11, 2017
Docket Number: 6:17-cv-01454
Court Abbreviation: M.D. Fla.