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McConico v. Cook

United States District Court, Southern District of Alabama
Mar 24, 2022
Civ. ACT. 1:22-cv-55-TFM-B (S.D. Ala. Mar. 24, 2022)

Opinion

Civ. ACT. 1:22-cv-55-TFM-B

03-24-2022

JAMES MCCONICO, JR., #117395, Plaintiff, v. MARY COOK, et al., Defendants.


MEMORANDUM OPINION AND ORDER

TERRY F. MOORER UNITED STATES DISTRICT JUDGE

On February 15, 2022, the Magistrate Judge entered a Report and Recommendation which recommends this action be transferred to the United States District Court for the Middle District of Alabama. See Doc. 6. Plaintiff filed his objections on March 2, 2022. See Doc. 7.

Generally Plaintiff objects to dividing his allegations between multiple cases also resulting in the cases being in different districts. However, the division of the case has already been resolved by the Court in its original order directing the Clerk of Court to open this new case. See Doc. 4. The Court had previously warned Plaintiff that he could not keep adding allegations to his original case (1:20-cv-314-TFM) which related to a different facility and different allegations. Therefore, they did not relate to the 28 U.S.C. § 1915(g) exception under which his original complaint proceeded. Id. As such, Plaintiff's objections are OVERRULED.

Therefore, after due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Recommendation to which objection is made, the Recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that this action be transferred to the United States District Court for the Middle District of Alabama pursuant to 28 U.S.C. § 1406(a).

DONE and ORDERED.


Summaries of

McConico v. Cook

United States District Court, Southern District of Alabama
Mar 24, 2022
Civ. ACT. 1:22-cv-55-TFM-B (S.D. Ala. Mar. 24, 2022)
Case details for

McConico v. Cook

Case Details

Full title:JAMES MCCONICO, JR., #117395, Plaintiff, v. MARY COOK, et al., Defendants.

Court:United States District Court, Southern District of Alabama

Date published: Mar 24, 2022

Citations

Civ. ACT. 1:22-cv-55-TFM-B (S.D. Ala. Mar. 24, 2022)