(HC) Drew v. Trate, No. 2:2023cv02494 - Document 15 (W.D. Tenn. 2023)

Court Description: ORDER ADOPTING 12 Findings and Recommendations; ORDER GRANTING 7 Motion to Dismiss and Transferring Action to United States District Court for Western District of Tennessee, signed by District Judge Jennifer L. Thurston on 08/09/2023. CASE TRANSFERRED to Western District of Tennessee. CASE CLOSED. (Maldonado, C) [Transferred from California Eastern on 8/10/2023.]

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(HC) Drew v. Trate Doc. 15 Case 2:23-cv-02494-JTF-atc Document 15 Filed 08/09/23 Page 1 of 2 PageID 138 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT DREW, 12 13 14 Case No. 1:23-cv-0194 JLT SKO (HC) Petitioner, v. B.M. TRATE, Warden, 15 Respondent. 16 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 12) ORDER GRANTING RESPONDENT’S MOTION TO DISMISS (Doc. 7) AND TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR WESTERN DISTRICT OF TENNESSEE 17 18 The assigned magistrate judge issued Findings and Recommendations to grant 19 Respondent’s motion to dismiss and transfer the action to the United States District Court for the 20 Western District of Tennessee. (Docs. 7, 12.) The Court served the Findings and 21 Recommendations on all parties, and it notified them that any objections were to be filed within 22 21 days of service. In response, Petitioner filed a pleading entitled “Informative Motion” stating 23 he had not received Respondent’s motion to dismiss. (Doc. 13.) The Court then directed the 24 Clerk of Court to provide Petitioner with a copy of the motion to dismiss and granted Petitioner 25 an additional 30 days to file objections, incorporating any arguments in opposition to 26 Respondent’s motion. (Doc. 14.) Over 30 days have passed, and Petitioner has not filed 27 responded. 28 According to 28 U.S.C. § 636 (b)(1)(C), the Court conducted a de novo review of the case. 1 Dockets.Justia.com Case 2:23-cv-02494-JTF-atc Document 15 Filed 08/09/23 Page 2 of 2 PageID 139 1 Having carefully reviewed the entire file, the Court concludes the Findings and 2 Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 3 1. 4 The Findings and Recommendations issued on June 8, 2023 (Doc. 12), are adopted in full. 5 2. Respondent’s motion to dismiss (Doc. 7), is granted. 6 3. Petitioner’s Informative Motion (Doc. 13) is terminated. 7 4. The matter is transferred to the United States District Court for the Western 8 District of Tennessee. 9 10 11 IT IS SO ORDERED. Dated: August 9, 2023 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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