Kelly v. Wal-Mart, Inc. et al

Filing 7

ORDER adopting Report and Recommendations, denying as moot 6 Motion to Amend/Correct and transferring case to NDNY. Signed by Judge Dawson from WDAR on 12/14/06 (filed in WDAR on 12/14/06). (wjg, )

Kelly v. Wal-Mart, Inc. et al

Doc. 7

CaCe se 5:06-cv-05179-RTD Document 7 7 Filed 12/14/2006 Page 1 of 2 2 s a 7:07-cv-00089-TJM-GJD Document Filed 01/24/2007 Page 1 of

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION STEPHEN P. KELLY V. WAL-MART, INC.; CHRISTINE DOWNTON; GARY DOWNTON; and WAL-MART STORE #2092 ORDER On this 14th day of December 2006, there comes on for consideration the report and recommendation filed in this case on November 13, 2006, by the Honorable Beverly Stites Jones, United States Magistrate for the Western District of Arkansas. (Doc. 5.) On November 16, 2006, Plaintiff filed a motion to Civil No. 06-5179 PLAINTIFF

DEFENDANT

amend his complaint which also contained his objections to the report and recommendation (Doc. 6). The court has reviewed this

case de novo and, being well and sufficiently advised, finds as follows: The report and recommendation is proper and should be Accordingly, the Court district and hereby

and hereby is adopted in its entirety. finds that venue is improper in this

transfers this case to the Northern District of New York, Watertown Division, Jefferson County Courthouse, Dulles State Office Building, 317 Washington Street, 10th Floor, Watertown, New York 13601. The Court leaves the issue of whether the

defendants should be served to be decided by the Northern District of New York. Further, Plaintiff's motion to amend his

AO72A (Rev. 8/82)

Dockets.Justia.com

CaCe se 5:06-cv-05179-RTD Document 7 7 Filed 12/14/2006 Page 2 of 2 2 s a 7:07-cv-00089-TJM-GJD Document Filed 01/24/2007 Page 2 of

complaint is DENIED AS MOOT and may be re-filed in the Northern District of New York. IT IS SO ORDERED.

/s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)