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Henderson v. Bowen (INMATE 2)
2:15-cv-00240
M.D. Ala.
Apr 24, 2015
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Background

  • 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)
Read the full case

Case Details

Case Name: Henderson v. Bowen (INMATE 2)
Court Name: District Court, M.D. Alabama
Date Published: Apr 24, 2015
Docket Number: 2:15-cv-00240
Court Abbreviation: M.D. Ala.