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