Cyrus v. Pen-Tech Associates, Inc. et al, No. 7:2018cv01365 - Document 6 (N.D. Ala. 2018)

Court Description: OPINION AND ORDER: it is ORDERED that dfts' 5 motion to transfer is granted, and that this case is transferred to US District Court for the Northern District of Alabama pursuant to 28 USC 1406(a); 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 8/27/2018. (Attachments: # 1 Civil Appeals Checklist)(alm, ) [Transferred from Alabama Middle on 8/27/2018.]

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Cyrus v. Pen-Tech Associates, Inc. et al Doc. 6 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION NAOMI CYRUS, ) ) Plaintiff, ) ) v. ) ) PEN-TECH ASSOCIATES, INC., ) et al., ) ) Defendants. ) CIVIL ACTION NO. 2:18cv654-MHT (WO) OPINION AND ORDER After plaintiff filed this lawsuit in the Circuit Court of Greene County, Alabama, defendants removed the case to under this 28 action court U.S.C. over asserting diversity § 1332(a)(1). which the A federal jurisdiction state-court courts have civil original jurisdiction may be removed “to the district court of the United States for the district and division embracing the place where such action is pending.” U.S.C. § 1441(a). within Northern the Because United District of States Greene County District Alabama, this is Court case 28 located for the should have Dockets.Justia.com been removed Accordingly, parties file to the that district court briefs court, entered as to an not this one. order that the the court had whether authority to transfer the case to the Northern District of Alabama. order, Plaintiff did not respond to the court and defendants responded with a motion to transfer the case to the Northern District of Alabama pursuant to 28 U.S.C. § 1406(a). informed the court that she Plaintiff then orally did not object to the transfer. This case is now before the court on defendants’ motion to transfer. Section 1406(a) provides: “The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.” Upon consideration of defendants’ motion to transfer and memorandum of law, and the authorities cited therein, the court concludes that it has authority to transfer this case to the 2 Northern District pursuant to 28 U.S.C. § 1406(a), and, particularly given the plaintiff’s lack of opposition, that doing so is in the interest of justice. * * * Accordingly, it is ORDERED that defendants’ motion to transfer (doc. no. 5) is granted, and that this case is transferred to United States District Court for the Northern District of Alabama pursuant to 28 U.S.C. § 1406(a). 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 27th day of August, 2018. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE 3

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