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Street v. State

United States District Court, S.D. Georgia, Savannah Division

September 24, 2014

KRYSTAL GAIL STREET, Plaintiff,
v.
STATE OF GEORGIA, Defendant.[1]

ORDER

G. R. SMITH, Magistrate Judge.

Before the Court is Krystal Gail Street's petition for writ of mandamus, which challenges multiple aspects of an ongoing state criminal proceeding against her for shoplifting. (Doe. 1 at 2.) Regardless of the propriety of the petition, [2] she has filed suit in the wrong court. While she resides within the Southern District of Georgia, she seeks to compel the Clerk of the Superior Court of Henry County, Georgia to dismiss the criminal case against her. (Id. at 2.) The alleged criminal activity also took place in Henry County, which lies within the jurisdiction of the United States District Court for the Northern District of Georgia. See 28 U.S.C. § 90(a)(2) (Henry County lies within the Northern District's Atlanta Division). Street's case must be transferred to the Northern District of Georgia. 28 U.S.C. § 1391 (venue); 28 U.S.C. § 1406 (permitting district courts to dismiss or transfer cases suffering from venue defects). Accordingly, the Clerk is DIRECTED to transfer this case to the United States District Court for the Northern District of Georgia for all further proceedings.

SO ORDERED.


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