The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
THEODORE BROWN, )
)
Plaintiff, )
)
v. ) CV425-282
)
UNITED STATES OF AMERICA, )
)
Defendant. )
ORDER
Pro se plaintiff Theodore Brown has filed a somewhat informal
Complaint seeking to collect an alleged debt he is owed by the United
States of America. See generally doc. 1. The Court recommended that
his request to proceed in forma pauperis be denied, doc. 5, and he
objected, doc. 6. However, upon closer review, it is clear that his
Complaint does not allege any event that occurred in this District, so it
will be transferred. The Report and Recommendation is VACATED.
Doc. 5. His request to proceed in forma pauperis will be addressed by the
transferee court.
Brown’s Complaint includes in the signature line that it is signed
“at Savannah, Georgia.” Doc. 1 at 1. However, the return address on the
envelope in which he submitted his pleading is the Federal Correctional
Complex in Coleman, Florida. Id. at 4. Correspondence attached to the
Complaint also indicates that Plaintiff resides in “Coleman, Florida.” Id.
at 2. Finally, a search of public records maintained by the United States
Burau of Prisons also indicates that Brown is incarcerated in Coleman,
Florida. Coleman, Florida is located in Sumter County, Florida which
lies in the Middle District of Florida. See 28 U.S.C. § 89(b). As Brown’s
claim is against the United States, venue lies only in the “judicial district
where the plaintiff resides.” See 28 U.S.C. § 1402. Therefore, the proper
venue for this case is the United States District Court for the Middle
District of Florida. 28 U.S.C. § 1402 (venue); 28 U.S.C. § 1406 (district
courts may dismiss or transfer cases suffering venue defects); see also,
e.g., Collins v. Hagel, 2015 WL 5691076, at *1 (N.D. Ga. Sept. 28, 2015)
(“A district court may raise the issue of defective venue sua sponte.”).
Accordingly, the Clerk is DIRECTED to transfer this case to the
Middle District of Florida for all further proceedings.
SO ORDERED, this 9th day of March, 2026.
CHRISTOPHER L. RAY
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA