Opinion
Civil Action 1:21-cv-455-TFM-C
03-24-2022
MICHAEL T. LEWIS, Plaintiff, v. XANTERRA PARK and RESORT, Defendant.
MEMORANDUM OPINION AND ORDER
TERRY F. MOORER, UNITED STATES DISTRICT JUDGE
On February 7, 2022 the Magistrate Judge entered a Report and Recommendation which recommends dismissal for improper venue. See Doc. 7. No objections were filed. Moreover, the Court notes that Plaintiff advised he filed a new lawsuit on this same matter in the District of Montana, Civ. Act. No. 1:21-cv-115-SPW-TJC (D. Mont. Nov. 15, 2021) in order to comply with the venue requirements.
Accordingly, after due and proper consideration of all issues raised, and there having been no objections filed, the recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court. It is therefore ORDERED that Plaintiff's Motion for Leave to Proceed Without Payment of Fees (Doc. 2) is GRANTED and this action is DISMISSED without prejudice for improper venue.
A separate judgment will issue pursuant to Fed.R.Civ.P. 58.
DONE and ORDERED.