Opinion
CV 309-066.
July 29, 2010
ORDER
After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Plaintiff's "Motion to Transfer Action Pursuant [to] 28 U.S.C. § 1404 and Extension of Time to Serve Process" is DENIED as to Plaintiff's request to transfer venue to the Southern District of Florida (doc. no. 12-1), and is deemed MOOT as to his request concerning service (doc. no. 12-2). Additionally, Defendant's motion to dismiss or in the alternative motion for transfer of venue (doc. no. 16) is DENIED IN PART and GRANTED IN PART. Specifically, Defendant's request that Plaintiff's case be dismissed is DENIED, but Defendant's request that Plaintiff's case be transferred is GRANTED. Accordingly, Plaintiff's case is TRANSFERRED to the United States District Court in the Southern District of Ohio for further consideration, the Clerk of Court is DIRECTED to forward the file to that District immediately, and this civil action is CLOSED.
SO ORDERED.