Attached to Stephenson’s complaint is 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 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 Northern District of Alabama.
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
JERRY ALEXANDER STEPHENSON
CIVIL ACTION NO. 2:06-CV-1138-MHT
BUCCANEER HOMES, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
In this 42 U.S.C. § 1983 action, Jerry Alexander Stephenson [“Stephenson”], a state
inmate, asserts that the defendants violated his constitutional rights with respect to an injury he
suffered while on work release during his incarceration at the Hamilton Work Release Center.
The Hamilton Work Release Center is located within the jurisdiction of the United States District
Court for the Northern 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 Northern District
of Alabama pursuant to 28 U.S.C. § 1404.
A civil action filed by an inmate under the authority of 42 U.S.C. § 1983 “may be brought
Case 2:06-cv-01138-MHT-CSC Document 3 Filed 01/11/2007 Page 1 of 3
Stephenson v. Buccaneer Homes et al (INMATE1)
. . . 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 is
no district in which the action may otherwise be brought.” 28 U.S.C. § 1391(b). The law further