Garrett v. Warren et al

Filing 9

ORDER ADOPTING 8 REPORT AND RECOMMENDATION AND TRANSFERRING CASE PURSUANT TO 28 U.S.C. § 1406(a). This case is hereby TRANSFERRED, pursuant to 28 U.S.C. § 1406(a), to the Lubbock Division of the U.S. District Court for the Northern District of Tennessee. Signed by Judge James D. Todd on 11/23/16. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
BRION EDWARD GARRETT,
Plaintiff,
VS.
JOSEPH WARREN, ET AL.,
Defendants.

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No. 16-2850-JDT-tmp

ORDER ADOPTING REPORT AND RECOMMENDATION
AND TRANSFERRING CASE PURSUANT TO 28 U.S.C. § 1406(a)

On October 27, 2016, Plaintiff Brion Edward Garrett, a resident of Memphis,
Tennessee, filed a pro se complaint pursuant to 42 U.S.C. § 1983, accompanied by a motion
to proceed in forma pauperis. (ECF Nos. 1 & 2.) United States Magistrate Judge Tu M.
Pham granted leave to proceed in forma pauperis. (ECF No. 7.) On November 2, 2016,
Magistrate Judge Pham issued a Report and Recommendation (“R&R”) in which he
recommended transferring the case to Texas pursuant to 28 U.S.C. § 1406(a). (ECF No. 8.)
Objections to the R&R were due within fourteen days, on or before November 21, 2016. See
Fed. R. Civ. P. 72(b)(2); see also Fed. R. Civ. P. 6(a), (d). However, Plaintiff has filed no
objections.
Plaintiff complains of events that occurred in the City of Snyder, Texas. He has sued
the City of Snyder Police Department and three Snyder police officers, alleging violation of

his civil rights. Magistrate Judge Pham found that venue does not lie in this district. Other
than the fact that Plaintiff resides here, there is no connection with this district. All of the
relevant events occurred in Texas, and all of the Defendants are located there. See 28 U.S.C.
§ 1391(b)(1)-(2). Therefore, the Magistrate Judge concluded that a transfer to Texas is
appropriate. Snyder, Texas is in Scurry County (see, e.g., ECF No. 1-2 at 1; ECF No. 1-3),
which is part of the Lubbock Division of the Northern District of Texas. See 28 U.S.C.
§ 124(a)(7).
The Court agrees with Magistrate Judge Pham’s conclusion and ADOPTS the R&R.
Accordingly, this case is hereby TRANSFERRED, pursuant to 28 U.S.C. § 1406(a), to the
Lubbock Division of the U.S. District Court for the Northern District of Tennessee.
The Clerk is directed to close this case without entry of judgment.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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