Henderson v. Bowen (INMATE 2)
2:15-cv-00240
M.D. Ala.Apr 24, 2015Background
- Inmate Henderson challenges placement at Life Tech Institute and related Clarke County Jail confinement after arrest for rule violations.
- The Life Tech Institute is a parolee transition program in Thomasville, Alabama.
- Clarke County Jail is in Grove Hill, Alabama; both Thomasville and Grove Hill are in Clarke County.
- Alabama federal cases in this matter fall under the Southern District of Alabama; witnesses and events are located there.
- The court recommends transferring the case to the Southern District of Alabama under 28 U.S.C. §1404 for convenience and justice.
- Plaintiff may object to the recommendation by May 8, 2015; the recommendation is not a final order and not appealable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the action should be transferred under §1404(a). | Henderson contends for retention in the Middle District. | Bowen and others argue transfer to Southern District is appropriate. | Yes; the court recommends transfer to SD Alabama. |
Key Cases Cited
- Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982) (plain error or manifest injustice standard for objections to recommendations)
- Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982) (de novo review standard for district court objections to recommendations)
- Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc; adopts former Fifth Circuit decisions as binding precedent)
