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