Brandon Devontae Kemp v. Warden Andrew McFarlene, et al.

Summary

The United States District Court for the Middle District of Georgia grants Brandon Devontae Kemp leave to proceed in forma pauperis, while requiring payment of the filing fee under the Prison Litigation Reform Act. The court dismisses without prejudice the claims against Defendants Kemp, Oliver, Andrews, and Sales for failure to allege sufficient personal involvement or an association with the alleged constitutional violations. The court transfers the remaining claims and pending motion for appointed counsel to the Southern District of Georgia for improper venue.

Holdings

1. Plaintiff may proceed in forma pauperis without prepaying the initial partial filing fee because his submissions showed that he was unable to pay it, although he remains responsible for the full filing fee through statutory installment payments.
2. The claims against Andrews and Sales were dismissed without prejudice because the complaint did not allege facts associating either defendant with a particular constitutional violation.
3. The claims against Kemp and Oliver were dismissed without prejudice because the complaint did not allege their personal participation in a constitutional violation or a sufficient causal connection between their conduct and the alleged violation.
4. The remaining claims and the pending motion to appoint counsel were transferred to the Southern District of Georgia because the alleged events occurred there, the remaining defendants appeared to reside there, and no other basis for venue in the Middle District of Georgia was apparent.

Questions Presented

1. Whether the plaintiff should be permitted to proceed in forma pauperis and without prepayment of the initial partial filing fee.
2. Whether the complaint stated actionable § 1983 claims against Defendants Andrews and Sales when it did not allege facts associating either defendant with a constitutional violation.
3. Whether the complaint stated actionable supervisory-liability claims against Defendants Kemp and Oliver based on their alleged involvement with grievance appeals.
4. Whether the remaining claims should be transferred to the Southern District of Georgia because venue was improper in the Middle District of Georgia.

Disposition

remanded