Byrd v. Comfort Inn-Tupelo, Mississippi et al, No. 1:2018cv00036 - Document 28 (N.D. Miss. 2018)
Court Description: 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 wit h 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, ). [Transferred from Alabama Middle on 2/28/2018.]
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Byrd v. Comfort Inn-Tupelo, Mississippi et al Doc. 28 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION MARY JOHN GARRETT BYRD, Plaintiff, v. COMFORT INN-TUPELO, MISSISSIPPI, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:17cv747-MHT (WO) OPINION AND ORDER Pursuant to 42 plaintiff filed defendants subjected U.S.C. this her § to a state law, contending suit 1983 that the malicious arrest and defamed her on account of her race. and The complaint is very poorly drafted, and plaintiff’s counsel repeatedly failed to respond to court orders, unacceptable excuses for doing so. and offered This lawsuit is before the court on the recommendation of the United States Magistrate Judge that that the motion to dismiss for lack of personal jurisdiction be denied as moot and that the motion to dismiss for improper venue, or, in Dockets.Justia.com the alternative, to transfer venue be granted, and that this matter be dismissed for improper venue. Also before the court are the plaintiff’s objections to the recommendation and the defendants’ response to the to the objections. While the court is quite sympathetic magistrate judge’s recommendation and the defendants’ position, it appears that the statute of limitations recently ran on several of plaintiff’s putative claims under Mississippi law, see Miss. Code Ann. § 15-1-35 (one-year statute malicious arrest, court of reluctant is limitations slander, to and punish on claims defamation), the plaintiff counsel’s seriously inadequate performance. for and the for her Therefore, after an independent and de novo review of the record, the court should be concludes that the overruled; the plaintiff’s magistrate objections judge’s recommendation should be adopted except to the extent that it recommends dismissal instead of transfer; and 2 that this States case District Mississippi should be Court for pursuant to transferred the 28 to Northern U.S.C. the United District § 1404(a) of in the 26) are interests of justice. *** Accordingly, it is ORDERED as follows: (1) Plaintiff’s objections (doc. no. overruled. (2) The magistrate judge's recommendation (doc. no. 25) is adopted to the extent described above. (3) Defendants’ motion to dismiss for improper venue, or, in the alternative, to transfer venue (doc. no. 10) is granted to the extent that venue will be transferred, and denied in all other respects. (4) Defendants’ motion to dismiss for lack of personal jurisdiction (doc. no. 9) is denied as moot. 3 (5) Pursuant to 28 U.S.C. § 1404(a), this case is transferred to the United States District Court for the Northern District of Mississippi. It is provide further the magistrate ORDERED plaintiff judge’s that with plaintiff’s full recommendation copies (doc. no. counsel of the 25) and this opinion and order, and file a confirmation with the court that the order has been carried out by March 14, 2018. The clerk of the court is DIRECTED to take appropriate steps to effect the transfer. This case is closed in this court. DONE, this the 28th day of February, 2018. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE
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