Opinion

Brown

Court
District Court, M.D. Florida
Filed
Mar 9, 2026
Cited by
0 cases

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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