King v. Wright et al

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATION re 3 Report and Recommendation. Signed by Judge Robert J. Bryan. (JL) Paper copy sent to plaintiff @ Spartanburg SC address . Modified on 2/2/2017 (JL).

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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KIPPER KING,
Plaintiff,

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ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
CHUCK WRIGHT,
Defendant.

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CASE NO. 3:16-cv-6052-KLS

THIS MATTER comes before the Court on the Report and Recommendation of

17 Magistrate Judge Karen J. Strombom. Dkt. 3. No party filed an objection to the Report and
18 Recommendation, which the Court has considered, along with the remainder of the file herein.
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The Report and Recommendation recommends that the case be transferred to another

20 venue, the District of South Carolina, Spartanburg Division, because claims are alleged against a
21 sheriff, corrections officers, and staff for custodial injuries within that venue. Dkt. 3 at 1. Where
22 venue is improper, this Court may either dismiss or transfer the case. 28 U.S.C. § 1406(a). This
23 Court concurs with the recommendation to transfer the case; the Report and Recommendation
24 should be adopted.
ORDER ADOPTING REPORT AND
RECOMMENDATION- 1

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Because the case should be transferred to another venue, Plaintiff’s Motion to Proceed In

2 Forma Pauperis (Dkt. 1) and Request for Local Rules (Dkt. 4) should be stricken from this
3 Court’s calendar. The transferee court may consider the merits of these issues.
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THEREFORE it is HEREBY ORDERED:

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(1) The Court adopts the Report and Recommendation (Dkt. 3).

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(2) The Clerk of Court is directed to TRANSFER this case to the United States

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District Court, District of South Carolina, Spartanburg Division.
(3) Plaintiff’s Motion to Proceed In Forma Pauperis (Dkt. 1) and Request for
Local Rules (Dkt. 4) are STRICKEN from this Court’s calendar.

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The case is closed in this district.

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The Clerk is directed to send uncertified copies of this Order to all counsel of record and

12 to any party appearing pro se at said party’s last known address.
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Dated this 2nd day of February, 2016.

A

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ROBERT J. BRYAN
United States District Judge

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ORDER ADOPTING REPORT AND
RECOMMENDATION- 2