Hefflin v. Dover

Filing 14

AMENDED ORDER Adopting Recommendation Of The United States Magistrate Judge. IT IS ORDERED as follows: That my Order Adopting Recommendation of the United States Magistrate Judge 13 entered 12/30/2009, is VACATED. The Recommendation of United State s Magistrate Judge 12 filed 12/02/2009 is APPROVED AND ADOPTED as an order of this court. Defendants Motion To Dismiss 5 filed 07/20/2009 is GRANTED. Plaintiffs claims against defendant are DISMISSED WITHOUT PREJUDICE for lack of venue in this district. This case is TRANSFERRED to the United States District Court for the District of Wyoming. By Judge Robert E. Blackburn on 12/31/2009. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-01419-REB-BNB JAMES R. HEFFLIN, Plaintiff, v. SLEETER DOVER, Executive Director, Wyoming State Bar, Defendant.

AMENDED ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. On December 30, 2009, I entered an Order Adopting Recommendation of the United States Magistrate Judge [#13]. However, I neglected to address the magistrate judge's recommendation that this case be transferred to the United States District Court for the District of Wyoming.1 I now vacate that order and enter this amended order to rectify the inadvertent oversight. Once again, the matter before me is the Recommendation of United States Magistrate Judge [#12] filed December 2, 2009. No objections having been filed to the recommendation, I review it only for plain error. See Morales-Fernandez v.

Although the magistrate judge did not analyze the transfer issue, it is clear that Wyoming is a district "in which [the case] could have been brought." 28 U.S.C. § 1406(a); see 42 U.S.C. § 2000e-5(f)(3) (venue under Title VII proper, inter alia, "in any judicial district in the State in which the unlawful employment practice is alleged to have been committed").

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Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).2 Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted.3 THEREFORE, IT IS ORDERED as follows: 1. That my Order Adopting Recommendation of the United States Magistrate Judge [#13] entered December 30, 2009, is VACATED; 2. That the Recommendation of United States Magistrate Judge [#12] filed December 2, 2009, is APPROVED AND ADOPTED as an order of this court; 3. That Defendant's Motion To Dismiss [#5] filed July 20, 2009, is GRANTED; 4. That plaintiff's claims against defendant are DISMISSED WITHOUT PREJUDICE for lack of venue in this district; and 5. That this case is TRANSFERRED to the United States District Court for the District of Wyoming. Dated December 31, 2009, at Denver, Colorado. BY THE COURT:

This standard pertains even though plaintiff is proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122. In addition to the lack of venue in this district noted by the magistrate judge, I perceive that plaintiff's case also could be dismissed for lack of personal jurisdiction over defendant in Colorado.
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