Jones v. Caruso et al

Filing 72

ORDER Adopting Report and Recommendation for 71 Report and Recommendation, ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge George Caram Steeh. (KKra)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MARK JONES,
Plaintiff,
CASE NO. 10-CV-11604
v.
HON. GEORGE CARAM STEEH
THOMAS PARLING,
LINDA BUCKHOLZ, and
JASON THOMAS,
Defendants.
________________________________/
ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT
AND RECOMMENDATION (#71) AND TRANSFERRING
CASE TO THE WESTERN DISTRICT OF MICHIGAN
Plaintiff Mark Jones alleges that defendants violated his constitutional rights by
fabricating misconduct reports and security classification documents in order to increase
plaintiff’s custody level. Plaintiff claims these actions were taken in retaliation for
plaintiff’s attempt to seek a pardon or commutation of sentence from the Michigan
Parole Board. On February 9, 2012, defendants filed a motion to dismiss for lack of
venue and/or transfer venue (#69). On August 9, 2012, Magistrate Judge Whalen
issued a report and recommendation that the motion be granted in part, not dismissing
the case, but transferring it to the Western District of Michigan. The three remaining
defendants work and reside in the Western District of Michigan and the alleged acts
giving rise to the claim occurred in the Western District of Michigan. The deadline for
filing objections to Magistrate Judge Whalen’s report and recommendation has passed
and no objections were filed. Accordingly,
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The court hereby ACCEPTS and ADOPTS Magistrate Judge Whalen’s report
and recommendation, GRANTS defendants’ motion in part, and TRANSFERS this case
to the United States District Court for the Western District of Michigan.
SO ORDERED.
Dated: August 31, 2012
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
August 31, 2012, by electronic and/or ordinary mail and also
on Mark Jones, 23411 Cloverlawn, Oak Park, MI 48237.
s/Barbara Radke
Deputy Clerk

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