From Casetext: Smarter Legal Research

Estrello v. United States

United States District Court, E.D. Texas, Sherman Division
May 26, 2023
Civil Action 4:22-cv-765-SDJ-KPJ (E.D. Tex. May. 26, 2023)

Opinion

Civil Action 4:22-cv-765-SDJ-KPJ

05-26-2023

JAMES ESTRELLO, v. UNITED STATES OF AMERICA


MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

SEAN D. JORDAN UNITED STATES DISTRICT JUDGE

Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. On April 28, 2023, the Magistrate Judge entered proposed findings of fact and a recommendation (the “Report”), (Dkt. #21), that Defendant United States of America's (“Defendant”) Motion to Dismiss (the “Motion”), (Dkt. #15), be granted in part and denied in part. The Magistrate Judge further recommended that this matter be transferred to the Northern District of Texas.

Having received the Report of the United States Magistrate Judge, and no timely objections being filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's Report as the findings and conclusions of the Court.

It is therefore ORDERED that the Motion, (Dkt. #15), is GRANTED IN PART and DENIED IN PART as follows: GRANTED to the extent Defendant seeks to assert that venue is improper in the Eastern District of Texas and DENIED to the extent Defendant seeks to dismiss Plaintiff James Estrello's claims under Rule 12(b)(3) of the Federal Rules of Civil Procedure.

IT IS FURTHER ORDERED that this matter be transferred to the Northern District of Texas.

So ORDERED and SIGNED.


Summaries of

Estrello v. United States

United States District Court, E.D. Texas, Sherman Division
May 26, 2023
Civil Action 4:22-cv-765-SDJ-KPJ (E.D. Tex. May. 26, 2023)
Case details for

Estrello v. United States

Case Details

Full title:JAMES ESTRELLO, v. UNITED STATES OF AMERICA

Court:United States District Court, E.D. Texas, Sherman Division

Date published: May 26, 2023

Citations

Civil Action 4:22-cv-765-SDJ-KPJ (E.D. Tex. May. 26, 2023)