Simpson v. Southern Care

Filing 11

ORDER adopting 10 Report and Recommendation and transferring case to the District of South Carolina. Signed by District Judge Thomas L. Ludington. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
TREVOR SIMPSON,
Plaintiff,
v

Case No. 16-cv-11384
Honorable Thomas L. Ludington
Magistrate Judge Patricia T. Morris

SOUTHERN CARE,
Defendant.
__________________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION AND TRANSFERRING
CASE TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
SOUTH CAROLINA
Plaintiff Trevor Simpson filed this pro se action against his former employer, Defendant
Southern Care, on April 18, 2016. See ECF No. 1. Simpson alleges that Defendant Southern Care
terminated his employment because of his sexual orientation in violation of Title VII of the Civil
Rights Act. Id.
On April 28, 2016 Magistrate Judge Patricia T. Morris issued a report recommending that
the above-captioned matter be sua sponte transferred to the district of South Carolina. ECF No.
10.

Judge Morris reasoned that, based on Plaintiff’s complaint, Defendant is located in

Birmingham, Alabama and the alleged discrimination occurred in South Carolina. She therefore
concluded that the Eastern District of Michigan is not a proper venue under 42 U.S.C. § 2000e5(f)(3), that a sua sponte transfer is appropriate under Carver v. Knox County, Tenn., 887 F.2d
1287, 1291 (6th Cir. 1989), and that the district of South Carolina provides a proper and more
convenient forum under 28 U.S.C. §§ 1391(b) and 1404(a).

Although Magistrate Judge Morris’s report explicitly stated that the parties to this action
could object to and seek review of the recommendation within fourteen days of service of the
report, neither Plaintiff nor Defendant filed any objections. The election not to file objections to
the Magistrate Judge’s report releases the Court from its duty to independently review the record.
Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and
recommendation waives any further right to appeal.
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation,
ECF No. 10, is ADOPTED.
It is further ORDERED that the above-captioned matter is TRANSFERRED to the
United States District Court for the District of South Carolina.

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: May 18, 2016

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on May 18, 2016.
s/Michael A. Sian
MICHAEL A. SIAN, Case Manager

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