Aslani v. Curry

Filing 35

ORDER: For the reasons stated in open court, plaintiffs Motion for Default Judgment [Dkt. No. 7] and Request for Entry of Default [Dkt. No. 14] are DENIED, defendant's Motion to Set Aside the Default [Dkt. No. 12] is GRANTED, plaintiffs counsel& #039;s Motion to Withdraw as Counsel of Record [Dkt. No. 25] is GRANTED, and defendant's counsel's Unopposed Motion to Withdraw [Dkt. No. 32] is GRANTED. As for the plaintiffs objections to the Report and Recommendation ("Report") , for the reasons stated in open court, the Court finds that the objections are without merit and that the magistrate judge correctly found that defendant was not properly served, this court lacks personal jurisdiction over the defendant, and that ve nue in this district is improper. Accordingly, the Report [Dkt. No. 18] is AFFIRMED in all respects except that given the tragic allegations in plaintiffs complaint, rather than accepting the recommendation that the complaint be dismissed, it is here by ORDERED that this civil action be and is transferred to the United States District Court for the Northern District of Illinois, Eastern Division, where plaintiff previously filed a related complaint. (see order for details). Signed by District Judge Leonie M. Brinkema on 1/25/17. (yguy) [Transferred from Virginia Eastern on 1/25/2017.]

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

MARYAM ASLANI,

Plaintiff,
v.

Case No. l:16-cv-01398 (GBL/MSN)

RAYMOND CURRY,
Defendant.

ORDER

For the reasons stated in open court, plaintiffs Motion for Default Judgment [Dkt. No. 7]

and Request for Entry of Default [Dkt. No. 14] are DENIED, defendant's Motion to Set Aside
the Default [Dkt. No. 12] is GRANTED, plaintiffs counsel's Motion to Withdraw as Counsel of

Record [Dkt. No. 25] is GRANTED, and defendant's counsel's Unopposed Motion to Withdraw
[Dkt. No. 32] is GRANTED.

As for the plaintiffs objections to the Report and Recommendation ("Report"), for the
reasons stated in open court, the Court finds that the objections are without merit and that the

magistratejudge correctly found that defendant was not properly served, this court lacks personal

jurisdiction over the defendant, and that venue in this district is improper. Accordingly, the
Report [Dkt. No. 18] is AFFIRMED in all respects except that given the tragic allegations in
plaintiffs complaint, rather than accepting the recommendation that the complaint be dismissed,
it is hereby

ORDERED that this civil action be and is transferred to the United States District Court

for the Northern District of Illinois, Eastern Division, where plaintiff previously filed a related
complaint.
The Clerk is directed to forward copies of this Order to counsel of record.

ENTERED this £$ day of January, 2017
Alexandria, Virginia

/s//7}7/5
Leonie M. Brinkema
fa cZU^fijLee.
-vy

United States District Judge

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