Estate of Katelyn Hicks v. Wallack

Filing 37

ORDER ADOPTING 32 REPORT AND RECOMMENDATION. Dft's 9 MOTION to Dismiss is DENIED, & Plf's alternative request to transfer is GRANTED. The Clerk of the Court is to take steps as are necessary to TRANSFER this action to the USDC for the SDMS. Signed by Judge Callie V. S. Granade on 6/14/2012. (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ESTATE OF KATELYN HICKS, ) DECEASED. through Katelyn Hicks’ ) Personal Representative, WILLIAM ) DEAN HICKS, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. 11-00594-CG-N ) MATHEW C. WALLACK, M.D., ) ) Defendant. ) ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated May 2, 2012, is ADOPTED as the opinion of this Court. It is ORDERED that defendant’s motion to dismiss is DENIED and that plaintiff’s alternative request to transfer is GRANTED. Accordingly, it is FURTHER ORDERED that the Clerk of this Court take such steps as are necessary to TRANSFER this action to the United States District Court for the Southern District of Mississippi. DONE this 14th day of June, 2012. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE