Byrd v. Comfort Inn-Tupelo, Mississippi et al

Filing 28

OPINION AND ORDER: it is ORDERED as follows: 1) Plf's 26 objections are overruled; 2) The magistrate judge's 25 recommendation is adopted to the extent described above; 3) Dfts' 10 motion to dismiss for improper venue, or, in the alternative, to transfer venue is granted to the extent that venue will be transferred, and denied in all other respects; 4) Dfts' 9 motion to dismiss for lack of personal jurisdiction is denied as moot; 5) Pursuant to 28 USC 1404(a), this case is transferred to USDC for the Northern District of Mississippi; further ORDERED that plf's counsel provide the plf with full copies of the magistrate judge's 25 recommendation and this opinion and order, and file a confirmation wit h the court that the order has been carried out by 3/14/2018; DIRECTING the clerk to take appropriate steps to effect the transfer; This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 2/28/2018. (Attachments: # 1 Civil Appeals Checklist) (alm, ) (Main Document 28 replaced on 2/28/2018 to attach a corrected PDF to correct a typographical error.) (alm, ). Modified on 2/28/2018 (alm, ). [Transferred from Alabama Middle on 2/28/2018.]

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

MARY JOHN GARRETT BYRD,
Plaintiff,
v.
COMFORT INN-TUPELO,
MISSISSIPPI, et al.,
Defendants.

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CIVIL ACTION NO.
2:17cv747-MHT
(WO)

OPINION AND ORDER
Pursuant

to

42

plaintiff

filed

defendants

subjected

U.S.C.

this
her

§

to

a

state

law,

contending

suit

1983

that

the

malicious

arrest

and

defamed her on account of her race.

and

The complaint is

very poorly drafted, and plaintiff’s counsel repeatedly
failed

to

respond

to

court

orders,

unacceptable excuses for doing so.

and

offered

This lawsuit is

before the court on the recommendation of the United
States Magistrate Judge that that the motion to dismiss
for lack of personal jurisdiction be denied as moot and
that the motion to dismiss for improper venue, or, in

the alternative, to transfer venue be granted, and that
this

matter

be

dismissed

for

improper

venue.

Also

before the court are the plaintiff’s objections to the
recommendation

and

the

defendants’

response

to

the

to

the

objections.
While

the

court

is

quite

sympathetic

magistrate judge’s recommendation and the defendants’
position, it appears that the statute of limitations
recently ran on several of plaintiff’s putative claims
under Mississippi law, see Miss. Code Ann. § 15-1-35
(one-year

statute

malicious

arrest,

court

of

reluctant

is

limitations

slander,
to

and

punish

on

claims

defamation),
the

plaintiff

counsel’s seriously inadequate performance.

for

and

the

for

her

Therefore,

after an independent and de novo review of the record,
the

court

should

be

concludes

that

the

overruled;

the

plaintiff’s
magistrate

objections
judge’s

recommendation should be adopted except to the extent
that it recommends dismissal instead of transfer; and
2

that

this

States

case

District

Mississippi

should

be

Court

for

pursuant

to

transferred
the

28

to

Northern

U.S.C.

the

United

District

§ 1404(a)

of

in

the

26)

are

interests of justice.
***
Accordingly, it is ORDERED as follows:
(1)

Plaintiff’s

objections

(doc.

no.

overruled.
(2) The magistrate judge's recommendation (doc. no.
25) is adopted to the extent described above.
(3)

Defendants’

motion

to

dismiss

for

improper

venue, or, in the alternative, to transfer venue (doc.
no. 10) is granted to the extent that venue will be
transferred, and denied in all other respects.
(4) Defendants’

motion

to

dismiss

for

lack

of

personal jurisdiction (doc. no. 9) is denied as moot.

3

(5) Pursuant to 28 U.S.C. § 1404(a), this case is
transferred to the United States District Court for the
Northern District of Mississippi.
It

is

provide

further

the

magistrate

ORDERED

plaintiff

judge’s

that

with

plaintiff’s

full

recommendation

copies

(doc.

no.

counsel
of

the

25)

and

this opinion and order, and file a confirmation with
the court that the order has been carried out by March
14, 2018.
The

clerk

of

the

court

is

DIRECTED

to

take

appropriate steps to effect the transfer.
This case is closed in this court.
DONE, this the 28th day of February, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE