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Eayohen v. One Unknown Named FBI Special Agent

United States District Court, M.D. Pennsylvania

April 4, 2014

MOISHE EANONE EAYOHEN, Plaintiff,
v.
ONE UNKNOWN NAMED FBI SPECIAL AGENT, et al., Defendants.

ORDER

CHRISTOPHER C. CONNER, District Judge.

AND NOW, this 4th day of April, 2014, upon consideration of the report and recommendation (Doc. 4) of Magistrate Judge Karoline Mehalchick, filed March 10, 2014, wherein the magistrate judge concludes that venue does not lie within this judicial district and recommends the court transfer the matter sub judice to the United States District Court for the Northern District of Ohio pursuant to 28 U.S.C. ยง 1406(a), id. ("The district court of a district in which is filed a case laying venue in the wrong... district shall dismiss, or if it be in the interest of justice, transfer such case to any district... in which it could have been brought."), and, following an independent review of the record and the petition for a writ of habeas corpus (Doc. 1) filed by Moishe Eanone Eayohen ("Eayohen"), and the court acknowledging the general rule that jurisdiction over habeas petitions challenging present confinement lies within the district of confinement, see Rumsfeld v. Padilla , 542 U.S. 426, 443 (2004), and that Eayohen is presently incarcerated in Youngstown, Ohio, which falls within the venue of the District Court for the Northern District of Ohio, and thus agreeing with the magistrate judge that venue within this judicial district is improper, and it further appearing that Eayohen has not objected to the magistrate judge's report, and that there is no clear error on the face of the record, [1] see Nara v. Frank , 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report of the magistrate judge (Doc. 4) is ADOPTED in its entirety.
2. The Clerk of Court is directed to TRANSFER this matter to the United States District Court for the Norther District of Ohio forthwith.

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