Brent v. Hyundai Motor America et al

Filing 14

ORDER adopting 10 Report and Recommendations. Signed by Judge S. Thomas Anderson on 12/19/14. (Anderson, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

HERBERT BRENT,

)
)
Plaintiff
)
)
v.
)
)
HYUNDAI CAPITAL AMERICA,
)
HYUNDAI MOTOR COMPANY, INC., )
d/b/a THORNTON ROAD HYUNDAI, )
SAMANTHA BRENT,
)
KEN FLANNAGAN, JOHN DOE,
)
JOHN DOE 2, GEICO INSURANCE,
)
and JOHN DOE 3
)
)
Defendants.
)

No. 14-2600-STA-dkv

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Before the Court is the United States Magistrate Judge’s Report and Recommendation
that Plaintiff Herbert Brent’s Pro Se Complaint be dismissed sua sponte under 28 U.S.C. §
1915(e)(2). Objections to the Report and Recommendations were due within 14 days after the
entry of the Report, making the objections due on or before October 17, 2014. Plaintiff filed a
Reply to the Report on October 29, 2014, but in his Reply, Plaintiff does not object the
Magistrate Judge’s recommendation of dismissal.
The Magistrate screened the in forma pauperis complaint under 28 U.S.C. § 1915(e)(2)
and recommended dismissal of the action for improper venue. Having discussed not only the
specific RICO venue statute but also the general venue provisions found at 28 U.S.C. § 1391, the
Magistrate recommended dismissal without prejudice. In his Reply to the Magistrate Judge’s
Report, Plaintiff “agree[d] to dismissal without prejudice to refile in the proper district court”
1

and prayed that this Court “[d]ismiss the case without prejudice.” (Pl.’s Reply 3–4, ECF No.
13).
Having reviewed the Magistrate Judge’s Report and Recommendation de novo, the Court
hereby ADOPTS the Report.

Plaintiff’s Pro Se Complaint is DISMISSED WITHOUT

PREJUDICE.
Furthermore, in his Reply, the Plaintiff noted that while he may still be able to monitor
the mail at his address of record, he no longer resides there. He states that his current address is
Alpha Omega Veterans Services Dormitory, 1183 Madison Avenue, Memphis, TN 38104.
Therefore, the Clerk of Court is directed to mail this Order to both Plaintiff’s address of record
and the addressed listed herein. The Plaintiff should note that if he wishes to receive current
filings in this matter going forward, he should properly notify the Clerk of Court of his change of
address.
IT IS SO ORDERED.

s/ S. Thomas Anderson
S. THOMAS ANDERSON
UNITED STATES DISTRICT JUDGE
Date: December 19, 2014.

2