Berryhill v. Pruitt et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION for 6 Report and Recommendation; directing the Clerk to transfer this matter to the USDC for the ED/OK and to include in such transmittal Berryhill's Motion for Leave to Proceed in Forma Pauperis so that the assigned judge may take whatever action is appropriate, as set forth in the order. Signed by Honorable Lee R. West on 03/27/14. (jy) [Transferred from okwd on 3/27/2014.]

IN THE UNITED STATES DISTRICT COURT FOR

FILED
MAR 2 7 2014

THE WESTERN DISTRICT OF OKLAHOMA
LAVERN BERRYHILL,
Plaintiff,
vs.
scon PRUln et aI.,
Defendants.

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R BERT D. DENNIS, CLERK
O
U.S DIST. COU~T, WESTERN DIST. OF OKLA.
BY
DEPUTY

a

No. CIV-14-175-W

ORDER
On February 28,2014, United States Magistrate Judge Suzanne Mitchell issued a
Report and Recommendation in this matter and recommended that this action be
transferred to the United States District Court for the Eastern District of Oklahoma. Plaintiff
Lavern Berryhill was advised of his right to object to the Report and Recommendation, see
Doc. 6 at 6, but he has informed the Court that he does not oppose the proposed transfer.
Upon de novo review of the record and after consideration of the convenience of the
parties and the witnesses and the interests of justice, the Court concurs with Magistrate
Judge Mitchell's suggested disposition of this matter and finds that a change of venue is
warranted under title 28, section 1404(a) of the United States Code.
Accordingly, the Court
(1) ADOPTS the Report and Recommendation [Doc. 6] filed on February 28,2014;
(2) DIRECTS the Clerk of the Court to TRANSFER this matter to the United States
District Court for the Eastern District of Oklahoma, and to include in such transmittal
Berryhill's Motion for Leave to Proceed in Forma Pauperis [Doc. 2] so that the assigned
district judge or magistrate judge in that district may take whatever action, if any, is

appropriate; and
(3) because this matter is hereby TRANSFERRED, ADVISES Berryhill that all future
pleadings and papers filed in this matter should be filed in the Eastern District of Oklahoma
and should reflect the case number to be assigned by the Clerk of the Court in that district.
ENTERED this

Pc 2--/:!

day of March, 2014.

Ell R. WEST
U" ITED STATES DISTRICT JUDGE

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