Witham v. DEC New York State et al

Filing 26

ORDER denying 25 Motion for Removal to Change Venue. Signed by Chief Judge Terrence W. Boyle on 2/10/2020. Copy sent via US Mail to Judson Witham 15215 Aiken, Wake Forest, NC 27587. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:17-CV-171-BO
JUDSON WITHAM,
Plaintiff,
v.
NEW YORK STATE, et al.,
Defendants.

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ORDER

This cause comes before the Court on plaintiffs pro se motion for removal and change of
venue [DE 25]. Plaintiff seeks to transfer this action and another action filed in this district, No.
5: 19-CV-260-BR, to the "New York federal courts". Id at 10. Plaintiff filed his motion under 28

U.'s. C. ·§ 1404(a), which provides that "For the convenience of parties and witnesses, in the interest
of justi?e, a district court may transfer any civil action to any other district or division where it
I_Ilight h~ve been brought or to any district or division to which all parties have consented."
This case is, however, closed. [DE 8]. As there is no pending action to transfer, the motion
[DE 25] is DENIED.

SO ORDERED, this

}22 day of February 2020.
TE
NCE W. BOYLE
CHIEF UNITED STATES DIST