Yigal et al v. Cole et al

Filing 13

ORDER TRANSFERRING CASE to the Southern District of Georgia by electronic case transfer 15 days following the date of this filing, signed by Judge Benjamin H. Settle. Case will be transferred on 3/19/2021. The #10 Report and Recommendation is adopted, and the plaintiff's pending #5 Motion for Leave to Proceed In Forma Pauperis is deferred to the Georgia Court. (KMC - cc: Plaintiffs)

Case 3:21-cv-05051-BHS Document 13 Filed 03/04/21 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CASE NO. C21-5051BHS

JUDITH YIGAL, et al.,
Plaintiffs,

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ORDER

v.
THOMAS L COLE, et al.,

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Defendants.

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THIS MATTER is before the Court on Magistrate Judge Fricke’s Report and

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Recommendation, Dkt. 10, recommending that the Court sua sponte TRANSFER this

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case to the Southern District of Georgia, and DEFER pro se Plaintiffs’ pending motion

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for Leave to Proceed in forma pauperis, Dkt. 5, to that Court.

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The Plaintiffs’ filings are difficult to read but it is apparent that neither they nor

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the proposed defendants have any connection to this District or this State. Plaintiffs live

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in Canada and the Philippines, and the proposed Defendants are in Georgia and Ohio.

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The events described in Plaintiffs’ filings occurred in Chatham County, Georgia.

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Plaintiffs have filed two “proposed” motions, Dkts. 11 and 12, since Judge

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Fricke’s Report and Recommendation, but they have not objected it. Indeed, those filings

ORDER - 1

Case 3:21-cv-05051-BHS Document 13 Filed 03/04/21 Page 2 of 2

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confirm that the parties and the events have no connection to the District. There is no

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reason to delay transferring the case to the appropriate District for resolution, and this

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Court will do so sua sponte.

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1. The Report and Recommendation is ADOPTED;

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2. This case is TRANSFERRED to the Southern District of Georgia;

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3. The Clerk shall take steps necessary to transfer the case;

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4. The Court DEFERS plaintiff’s pending Motion for Leave to Proceed in forma

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pauperis, Dkt. 5, to the Georgia Court;
5. The Clerk shall send copies of this Order to Plaintiffs’ last known address and to
Magistrate Judge Fricke.
IT IS SO ORDERED.
Dated this 4th day of March, 2021.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2