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Luyten v. Fulmer

United States District Court, W.D. Pennsylvania

March 26, 2015

LOUIS LUYTEN, Plaintiff,
v.
JOHN C. FULMER, Senior Correctional Officer, et al., Defendants.

MEMORANDUM ORDER

MAURICE B. COHILL, Jr., Senior District Judge.

This case was commenced on January 16, 2015, and was referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the Local Rules of Court for Magistrate Judges.

On February 24, 2015, Magistrate Judge Eddy filed a Report and Recommendation (ECF No. 2) recommending that the case be transferred to the United States District Court for the Middle District of Pennsylvania pursuant to 28 U.S.C. § 1406(a), because all of the relevant activity in this case occurred while Plaintiff, Louis Luyten, was incarcerated at LSCI-Allenwood, which is located within the territorial limits of the United States District Court for the Middle District of Pennsylvania.

Plaintiff was served with the Report and Recommendation at his listed address and was advised that he had until March 13, 2015, to file written objections to the Report and Recommendation. To date, Plaintiff has not file Objections nor has he sought an extension of time in which to do so.

After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 26th day of March, 2015:

It is hereby ORDERED that pursuant to 28 U.S.C. § 1406(a), this case is transferred FORTHWITH to the United States District Court for the Middle District of Pennsylvania.

IT IS ORDERED that the Report and Recommendation (ECF No.2) dated February 24, 2015, is ADOPTED as the Opinion of the Court.

It is also ORDERED that a ruling on Plaintiffs in forma pauperis motion be deferred to the transferee court.

IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.

AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.

So ORDERED.


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