Kowalski v. Koster CASE TRANSFERRED

Filing 15

ORDER Adopting 14 Report and Recommendation, and Granting 13 Motion for a Change of Venue. Signed by District Judge Thomas L. Ludington. (CGre)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION JEFFREY SCOTT KOWALSKI, Plaintiff, Case Number 10-12180-BC Honorable Thomas L. Ludington v. CHRIS KOSTER, in his official capacity as attorney general of the State of Missouri, Defendant. ______________________________________ / ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION, AND GRANTING PLAINTIFF’S MOTION FOR A CHANGE OF VENUE Magistrate Judge Charles E. Binder issued a report and recommendation [Dkt. # 14] on April 26, 2011, recommending that the Court grant Plaintiff’s motion to transfer this case to the Western District of Missouri. Judge Binder noted that Defendant does not oppose the transfer. Any party may serve and file written objections “[w]ithin fourteen days after being served with a copy” of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a “de novo determination of those portions of the report . . . to which objection is made.” Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. Thomas v. Arn, 474 U.S. 140, 149–52 (1985). Accordingly, it is ORDERED that the Judge Binder’s report and recommendation [Dkt. # 14] is ADOPTED. It is further ORDERED that Plaintiff’s motion for a change of venue [Dkt. # 13] is GRANTED. The Clerk is DIRECTED to transfer this case to the Western District of Missouri. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: May 12, 2011 PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney of record herein by electronic means and on Jeffrey Scott Kowalski, 17445 Roosevelt Road, Hemlock, MI 48626 by first class U.S. mail on May 12, 2011. s/Tracy A. Jacobs TRACY A. JACOBS -2-

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