Oliver v. Elmore County Jail et al

Filing 4

TRANSFER ORDER-re: R&R 3 . The court is of the opinion that the Report is due to be, and hereby is ADOPTED, and the Recommendation is ACCEPTED. Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED that, in the interest of justice, this action is TRANSFERRED to the U.S. District Court for the Middle District of Alabama. Signed by Judge R David Proctor on 1/3/2013. (AVC)

FILED
2013 Jan-03 AM 11:09
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DAVID OLIVER,

}
}
}
}
}
}
}
}
}

Plaintiff,
v.
ELMORE COUNTY JAIL, et al.,
Defendants.

Case No.: 2:12-cv-04061-RDP-RRA

TRANSFER ORDER
The Magistrate Judge filed a Report and Recommendation (Doc. #3) on December 13, 2012,
recommending that this action be transferred to the United States District Court for the Middle
District of Alabama. In particular, the Magistrate Judge found that Plaintiff complains about events
occurring in the Elmore County Jail in Wetumpka, Alabama, which is located in the Middle District
of Alabama. (Doc. #3). Also, the Magistrate Judge found that no Defendant is located in the
Northern District of Alabama. (Doc. #3).
Having now carefully reviewed and considered de novo all of the materials in the court file,1
including the Report and Recommendation, the court is of the opinion that the Report is due to be,
and hereby is ADOPTED, and the Recommendation is ACCEPTED. Accordingly, it is hereby
ORDERED, ADJUDGED and DECREED that, in the interest of justice, this action is
TRANSFERRED to the United States District Court for the Middle District of Alabama. See 28

1

The court notes that it was not required to conduct an independent review of the Report and
Recommendation in this case because no party has filed objections. Fed. R. Civ. P. 72(b); Thomas
v. Arn, 474 U.S. 140, 150 (1985) ("It does not appear that Congress intended to require district court
review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when
neither party objects to those findings."). Nonetheless, the court has carefully reviewed the
Magistrate Judge's Report and agrees with his conclusions.

U.S.C. § 1404(a).
The Clerk of Court is DIRECTED to forward a copy of this order to Plaintiff.
DONE and ORDERED this

3rd

day of January, 2013.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

2