IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

CEDRIC SEARIGHT, #291 520, ) ) Plaintiff, ) ) v. ) Case No. 2:20-CV-95-RAH-WC ) [WO] TIFFANY MCCORD, et al., ) ) Defendants. )

RECOMMENDATION OF THE MAGISTRATE JUDGE I. INTRODUCTION Plaintiff, an inmate incarcerated at the Kilby Correctional Facility, filed this

action on February 11, 2020. He challenges an alleged use of excessive force during his incarceration at the Fountain Correctional Facility. Doc. 1. The Fountain Correctional Facility is in Atmore, Alabama. Atmore, Alabama, is within the jurisdiction of the United States District Court for the Southern District of Alabama. Upon review, the court finds this case should be transferred to the United States District Court for the Southern District of Alabama under

II. DISCUSSION A

“action may be brought . . . in– (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred . . .; or (3) if there is no district in which an action may otherwise be brought as provided

1On filing the complaint, Plaintiff did not submit the filing and administrative fees nor did he file a motion in support of a request for leave to proceed in forma pauperis. The assessment and collection of any filing fees, however, should be undertaken by the United States District Court for the Southern District of Alabama. in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.”

(b). The law further provides that “[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district . . . where it might have been brought . . .”

(a). Fountain Correctional Facility is within the jurisdiction of the United States District Court

for the Southern District of Alabama. The actions about which Plaintiff complains occurred in the Southern District of Alabama, and most material witnesses and evidence associated with claims relevant to Plaintiff’s allegations are in the Southern District of Alabama. In light of the foregoing, the court concludes that in the interest of justice and for the convenience of the parties this case should be transferred to the United States District Court for the Southern District of Alabama for review and determination. III. CONCLUSION Accordingly, it is the RECOMMENDATION of the Magistrate Judge that this case be TRANSFERRED to the United States District Court for the Southern District of Alabama under

(a). It is further ORDERED that the parties shall file any objections to this Recommendation on or before March 4, 2020. A party must specifically identify the factual findings and legal conclusions in the Recommendation to which objection is made; frivolous, conclusive, or general objections will not be considered. This Recommendation is not a final order and, therefore, it is not appealable. Failure to file written objections to the Magistrate Judge’s findings and recommendations in accordance with the provisions of

(b)(1) shall bar a party from a de novo determination by the District Court of legal and factual issues covered in the Recommendation and waives the right of the party to challenge on appeal the district court’s order based on unobjected- to factual and legal conclusions accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright,

(5th Cir. 1982); 11TH CIR. R. 3-1. See Stein v. Lanning Securities, Inc.,

(11th Cir. 1982). See also Bonner v. City of Prichard,

(11th Cir. 1981) (en banc). DONE this 19th day of February, 2020.

/s/ Wallace Capel, Jr. WALLACE CAPEL, JR. CHIEF UNITED STATES MAGISTRATE JUDGE