STRANGE v. GILMORE

Filing 3

MEMORANDUM ORDER directing that this case be transferred FORTHWITH to U.S. District Court for Southern District of Ohio; further adopting 2 Report and Recommendation of Magistrate Judge Eddy as the opinion of the Court; and further deferring 1 Motion for Leave to Proceed in forma pauperis to transferee court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 1/8/15. (njt) [Transferred from Pennsylvania Western on 1/13/2015.]

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MONTECA STRANGE,
Plaintiff,
V.

SUPERINTENDENT ROBERT
GILMORE,
Defendants.

)
)
)
)
)
)
)
)
)
)

2: 14-cv-0 1512
Electronic Filing
Judge David Stewart Cercone

MEMORANDUM ORDER
This case was commenced on November 5, 2014, and was referred to United States
Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrate
Judges Act, 28 U.S.C. § 636(b)(l), and the Local Rules of Court for Magistrate Judges.
On November 18,2014, Magistrate Judge Eddy filed a Report and Recommendation
(ECF No. 2) recommending that the case be transferred to the United States District Court for the
Southern District of Ohio where venue is proper because all of the claims raised in the complaint
involve events that took place at the Lebanaon Correctional Institution, which is located within
the territorial limits of the United States District Court for the Southern District of Ohio. Plaintiff
was served with the Report and Recommendation at his listed address and was advised that he
had until December 5, 2014, to file written objections to the Report and Recommendation.
Plaintiff has not filed any objections nor has he sought an extension of time in which to do so.
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, the following order is entered:

~
AND NOW, this__!_ day of January, 2015:
IT IS HEREBY ORDERED that this case is TRANSFERRED forthwith to the United

States District Court for the Southern District of Ohio.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 2) dated

November 18,2014, is ADOPTED as the Opinion ofthe Court;
IT IS FURTHER ORDERED that the Motion for Leave to Proceed in forma pauperis

(ECF No. 1) is deferred to the transferee court; and
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) of the Federal Rules

of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.

David Stewart Cercone
United States District Judge

cc:

Monteca Strange
HW9945
175 Progress Dr.
Waynesburg, PA 15370
(via First Class Mail)