LUYTEN v. FULMER et al

Filing 3

ORDER adopting 2 Report and Recommendation dated February 24, 2015. ORDERED that pursuant to 28 U.S.C. § 1406(a), this case is transferred FORTHWITH to the United States District Court for the Middle District of Pennsylvania. It is also ORDER ED that a ruling on Plaintiffs in forma pauperis motion be deferred to the transferee court. IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) 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. Signed by Judge Maurice B. Cohill on 3/26/15. (rtw) [Transferred from Pennsylvania Western on 3/27/2015.]

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

LOUIS LUYTEN,
Plaintiff,
v.

JOHN C. FULMER, Senior Correctional
Officer, et al., ,
Defendants.

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Civil Action No. 2: 15-cv-0069
Senior United States District Judge
Maurice B. Cohill, Jr.

MEMORANDUM ORDER
This case was commenced on January 16, 2015, 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 February 24, 2015, 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
Middle District of Pennsylvania pursuant to 28 U.S.C. § 1406(a), because all of the relevant
activity in this case occurred while Plaintiff, Louis Luyten, was incarcerated at LSCI-Allenwood,
which is located within the territorial limits of the United States District Court for the Middle
District of Pennsylvania.
Plaintiff was served with the Report and Recommendation at his listed address and was
advised that he had until March 13, 2015, to file written objections to the Report and
Recommendation. To date, Plaintiff has not file 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:
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AND NOW, this 1- /# day of March, 2015:
It is hereby ORDERED that pursuant to 28 U.S.C. § 1406(a), this case is transferred

FORTHWITH to the United States District Court for the Middle District of Pennsylvania.
IT IS ORDERED that the Report and Recommendation (ECF No.2) dated February 24,

2015, is ADOPTED as the Opinion of the Court.
It is also ORDERED that a ruling on Plaintiffs in forma pauperis motion be deferred to

the transferee court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
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 ofthe Federal Rules of Appellate Procedure.

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So ORDERED this?' day of March, 2015:

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M~ce B. Cohill, Jr.
Senior United States District Judge

cc:

LOUIS LUYTEN
29882-050
US Penitentiary Leavenworth
Post Office Box 1000
Leavenworth, KS 66048
(via U.S. First Class Mail)