Lewis v. Xanterra Park and Resort, No. 1:2021cv00455 - Document 8 (S.D. Ala. 2022)

Court Description: MEMORANDUM OPINION AND ORDER - Accordingly, after due and proper consideration of all issues raised, and there having been no objections filed, the recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court. It is therefore ORDERED that Plaintiffs Motion for Leave to Proceed Without Payment of Fees Doc. 2 is GRANTED and this action is DISMISSED without prejudice for improper venue. Signed by District Judge Terry F. Moorer on 03/24/2022. Copy to plaintiff. (fz)

Download PDF
Lewis v. Xanterra Park and Resort Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MICHAEL T. LEWIS, Plaintiff, vs. XANTERRA PARK and RESORT, Defendant. ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 1:21-cv-455-TFM-C MEMORANDUM OPINION AND ORDER On February 7, 2022 the Magistrate Judge entered a Report and Recommendation which recommends dismissal for improper venue. See Doc. 7. No objections were filed. Moreover, the Court notes that Plaintiff advised he filed a new lawsuit on this same matter in the District of Montana, Civ. Act. No. 1:21-cv-115-SPW-TJC (D. Mont. Nov. 15, 2021) in order to comply with the venue requirements. Accordingly, after due and proper consideration of all issues raised, and there having been no objections filed, the recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court. It is therefore ORDERED that Plaintiff’s Motion for Leave to Proceed Without Payment of Fees (Doc. 2) is GRANTED and this action is DISMISSED without prejudice for improper venue. A separate judgment will issue pursuant to Fed. R. Civ. P. 58. DONE and ORDERED this 24th day of March, 2022. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 1 of 1 Dockets.Justia.com

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.