Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct.
1999, 29 L.Ed.2d 619 (1971).
Kundra filed an affidavit in support of a request for leave to proceed in forma pauperis. However,
in light of the April 1996 revisions to 28 U.S.C. § 1915 and under the circumstances of this case, this court
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
FRANCIS TEJANI KUNDRA,
CASE NO. 2:06-CV-1001-MHT
WARDEN - LOUISIANA CORRECTIONS
SERVICES, INC., et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
In this Bivens action, Francis Tejani Kundra [“Kundra”], an immigrant detained in
federal custody at the Immigration Detention Center in Houston, Texas, challenges the
constitutionality of conditions imposed upon him during his incarceration at the Perry
County Correctional Center. The Perry County Correctional Center is located within the
jurisdiction of the United States District Court for the Southern District of Alabama.
Upon review of the factual allegations presented in the complaint, the court concludes
that this case should be transferred to the United States District Court for the Southern
District of Alabama pursuant to 28 U.S.C. § 1404.
Case 2:06-cv-01001-MHT-DRB Document 3 Filed 11/08/2006 Page 1 of 4
Kundra v. Warden, Louisiana Corrections Services Inc. et al (Inmate 1)
makes no determination with respect to such request as the assessment and collection of any filing fee should
be undertaken by the United States District Court for the Southern District of Alabama.
A civil action filed by an inmate “may be brought . . . in (1) a judicial district where
any defendant resides, if all defendants reside in the same State, (2) a judicial district in
which a substantial part of the events or omissions giving rise to the claim occurred . . . or
(3) a judicial district in which any defendant may be found, if there