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Perry v. Culliver (INMATE 1)
2:12-cv-00154
M.D. Ala.
Feb 29, 2012
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Background

  • 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)
Read the full case

Case Details

Case Name: Perry v. Culliver (INMATE 1)
Court Name: District Court, M.D. Alabama
Date Published: Feb 29, 2012
Docket Number: 2:12-cv-00154
Court Abbreviation: M.D. Ala.