Bend v. Acosta(MAG+)

Filing 20

OPINION AND ORDER: it is ORDERED as follows: (1) The magistrate judge's 19 Recommendation is adopted; (2) Defendant's 13 Motion to Dismiss or, in the Alternative, Motion to Transfer Venue is: granted to the extent that defendant see ks a transfer of venue; denied to the extent that defendant seeks dismissal pursuant to FRCP 12(b)(3); deferred for consideration by the transferee court to the extent that defendant seeks dismissal pursuant to FRCP 12(b)(1) and 12(b)(6); (3) This ca se is transferred to the United States District Court for the Northern District of Georgia pursuant to 28 USC 1406(a); DIRECTING the clerk of the court to take appropriate steps to effect the transfer; This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 9/24/2019. (kr, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
HUBERT BEND, JR.,

)
)
Plaintiff,
)
)
v.
)
)
PATRICK PIZZELLA,
)
Acting Secretary of Labor, )
U.S. Department of Labor, )
)
Defendant.
)

CIVIL ACTION NO.
2:18cv593-MHT
(WO)

OPINION AND ORDER
This

lawsuit

is

before

the

court

on

the

recommendation of the United States Magistrate Judge
that

defendant’s

motion

to

dismiss

or,

in

the

alternative, motion to transfer venue be granted to the
extent defendant seeks a transfer of venue and denied
or deferred to the extent defendant seeks dismissal.
There are no objections to the recommendation.

After

an independent and de novo review of the record, the
court

concludes

that

the

magistrate

recommendation should be adopted.
Accordingly, it is ORDERED as follows:

judge’s

(1) The magistrate judge's recommendation (doc. no.
19) is adopted.
(2)

Defendant’s

motion

to

dismiss

or,

in

the

alternative, motion to transfer venue (doc. no. 13) is:
granted to the extent that defendant seeks a transfer
of venue; denied to the extent that defendant seeks
dismissal pursuant to Federal Rule of Civil Procedure
12(b)(3); deferred for consideration by the transferee
court

to

the

extent

that

defendant

seeks

dismissal

pursuant to Federal Rule of Civil Procedure 12(b)(1)
and 12(b)(6).
(3) This case is transferred to the United States
District

Court

for

the

Northern

District

of

Georgia

pursuant to 28 U.S.C. § 1406(a).
The

clerk

of

the

court

is

DIRECTED

to

take

appropriate steps to effect the transfer.
This case is closed in this court.
DONE, this the 24th day of September, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE