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17-747 - Byrd v. Comfort Inn-Tupelo, Mississippi et al (JOINT ASSIGN)(MAG+)

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17-747 - Byrd v. Comfort Inn-Tupelo, Mississippi et al (JOINT ASSIGN)(MAG+)
February 1, 2018
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RECOMMENDATION OF THE MAGISTRATE JUDGE: the undersigned Magistrate Judge hereby RECOMMENDS that Dfts' 9 Motion to Dismiss for lack of Personal Jurisdiction be DENIED as moot, and that Dfts' 10 Motion to Dismiss for Improper Venue, or, in the alternative, Motion to Transfer Venue be GRANTED and that the 1 Complaint be DISMISSED pursuant to 28 USC 1406(a) for improper venue; Objections to R&R due by 2/15/2018. Signed by Honorable Judge Wallace Capel, Jr on 2/1/2018. (alm, )
February 28, 2018
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OPINION AND ORDER: it is ORDERED as follows: 1) Plf's 26 objections are overruled; 2) The magistrate judge's 25 recommendation is adopted to the extent described above; 3) Dfts' 10 motion to dismiss for improper venue, or, in the alternative, to transfer venue is granted to the extent that venue will be transferred, and denied in all other respects; 4) Dfts' 9 motion to dismiss for lack of personal jurisdiction is denied as moot; 5) Pursuant to 28 USC 1404(a), this case is transferred to USDC for the Northern District of Mississippi; further ORDERED that plf's counsel provide the plf with full copies of the magistrate judge's 25 recommendation and this opinion and order, and file a confirmation with the court that the order has been carried out by 3/14/2018; DIRECTING the clerk to take appropriate steps to effect the transfer; This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 2/28/2018. (Attachments: # (1) Civil Appeals Checklist) (alm, ) (Main Document 28 replaced on 2/28/2018 to attach a corrected PDF to correct a typographical error.) (alm, ). Modified on 2/28/2018 (alm, ).