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Ikelionwu v. Nash

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


February 1, 2006

MICHAEL IKELIONWU, PLAINTIFF
v.
WARDEN JOHN NASH, DEFENDANT.

The opinion of the court was delivered by: John E. Jones III United States District Judge

Magistrate Judge Mannion

MEMORANDUM AND ORDER

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

On December 19, 2005, Plaintiff Michael Ikelionwu ("Plaintiff" or "Ikelionwu"), an inmate at the Federal Correctional Institute at Allenwood ("FCIAllenwood"), in White Deer, Pennsylvania, filed this pro se action pursuant to 28 U.S.C. § 1331. This case was referred to United States Magistrate Judge Malachy E. Mannion for preliminary review.

On December 29, 2005, Magistrate Judge Mannion issued a report recommending that the action be transferred to the United States District Court for the District of New Jersey. Objections to the report were due on January 31, 2006 and to date none have been filed.*fn1

STANDARD OF REVIEW

When no objections are made to a magistrate's report, the district court is not statutorily required to review a magistrate judge's report before accepting it. See Thomas v. Arn, 474 U.S. 140, 149 (1985). According to the Third Circuit, however, "the better practice is to afford some level of review to dispositive legal issues raised by the report." Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987). When a district court accepts a magistrate judge's report, the report becomes the judgment of the court. Id.

DISCUSSION

Our review of this case confirms the Magistrate Judge's determinations and although we have not been presented with any reason to revisit them, we will briefly reiterate the salient aspects of the Magistrate Judge's report and recommendation.

As the Magistrate Judge explains, the basis of Plaintiff's complaint is that officials at the Federal Correctional Institution in Fort Dix, New Jersey ("FCI-Fort Dix") lost his property during his transfer to FCI-Allenwood. (Rep. & Rec. at 1; Rec. Doc. 1 at 2). After a careful review of the record, we agree with the Magistrate Judge that 28 U.S.C. § 1391(b)(2) creates proper venue in the United States District Court for the District of New Jersey since the alleged incidents complained of occurred in FCI-Fort Dix, New Jersey.*fn2 Second, the Magistrate Judge accurately submits that the interests of justice lean in favor of transferring the instant action to the District of New Jersey pursuant to 28 U.S.C. § 1404(a), based at least in part on the fact that this case is in its early stages and that any potential witnesses would be located in the District of New Jersey.

Because we find no error in Magistrate Judge Mannion's report and recommendation and, because no objections have been filed, we will adopt the report as our own. The case sub judice will be transferred to the United States District Court for the District of New Jersey.

NOW, THEREFORE, IT IS ORDERED THAT:

1. Magistrate Judge Mannion's Report and Recommendation (doc. 7) is adopted in its entirety.

2. The Clerk shall transfer this case to the United States District Court for the District of New Jersey.


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