Perry v. Culliver (INMATE 1)
2:12-cv-00154
M.D. Ala.Feb 29, 2012Background
- Perry, an inmate at Holman Correctional Facility, sues alleging unconstitutional medical treatment.
- Plaintiff asserts Holman medical personnel refused to treat him for persistent anal parasites (“crabs”).
- Defendants include Holman officials (past and present), current Holman medical staff, a former nurse, and the prison’s contract medical providers.
- The complaint was filed in Montgomery County Circuit Court and removed to this court on 28 U.S.C. §§ 1441 and 1446.
- The magistrate recommends transferring the case to the Southern District of Alabama under 28 U.S.C. § 1404(a) for convenience and justice.
- The recommendation notes most witnesses and evidence are located in the Southern District of Alabama, where the events occur and where defendants reside.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case should be transferred under §1404(a). | Not explicitly stated in the recommendation. | Location of events and witnesses, and convenience justify transfer. | Yes; court recommends transfer to SD Alabama. |
Key Cases Cited
- Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982) (objections to magistrate judge recommendations; de novo review limits)
- Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982) (objections to magistrate recommendations; finality of ruling)
- Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc; adopting former Fifth Circuit decisions)
