Opinion
5:22-cv-01457-SSS (MAA)
04-28-2023
MARKEIN O. VERNON, Plaintiff, v. J. LARIOS, Defendant.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
SUNSHINE S. SYKES UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Complaint (ECF No. 14); the briefs and documents filed in support of and in opposition to Defendants' Motion to Dismiss Without Prejudice or to Transfer Case for Improper Venue (“Motion,” ECF No. 27); the other records on file herein; and the Report and Recommendation of United States Magistrate Judge (ECF No. 44). Further, the time for filing objections has expired and no objections have been made. The Court accepts the findings and recommendations of the Magistrate Judge.
IT THEREFORE IS ORDERED that:
(1) The Report and Recommendation of United States Magistrate Judge is ACCEPTED;
(2) The Motion is GRANTED in part and DENIED in part as follows:
a. Defendant's request that the lawsuit be dismissed for improper venue is DENIED; and
b. Defendant's alternative request that the lawsuit be transferred to the United States District Court for the Southern District of California is GRANTED;
(3) The Clerk is directed to TRANSFER the case to the United States District Court for the Southern District of California.