McConico v. Cook et al, No. 1:2022cv00055 - Document 8 (S.D. Ala. 2022)

Court Description: MEMORANDUM OPINION & ORDER ADOPTING 6 REPORT AND RECOMMENDATION. Plf's objections are OVERRULED. This action is transferred to the USDC, MDAL as set out. Signed by District Judge Terry F. Moorer on 3/24/22. (copy mailed to Plf on 3/25/22) (tot)

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McConico v. Cook et al Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JAMES MCCONICO, JR., #117395, Plaintiff, vs. MARY COOK, et al., Defendants. ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 1:22-cv-55-TFM-B MEMORANDUM OPINION AND ORDER On February 15, 2022, the Magistrate Judge entered a Report and Recommendation which recommends this action be transferred to the United States District Court for the Middle District of Alabama. See Doc. 6. Plaintiff filed his objections on March 2, 2022. See Doc. 7. Generally Plaintiff objects to dividing his allegations between multiple cases also resulting in the cases being in different districts. However, the division of the case has already been resolved by the Court in its original order directing the Clerk of Court to open this new case. See Doc. 4. The Court had previously warned Plaintiff that he could not keep adding allegations to his original case (1:20-cv-314-TFM) which related to a different facility and different allegations. Therefore, they did not relate to the 28 U.S.C. § 1915(g) exception under which his original complaint proceeded. Id. As such, Plaintiff’s objections are OVERRULED. Therefore, after due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Recommendation to which objection is made, the Recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that this action be transferred to the United States District Court for the Middle District of Alabama pursuant to 28 U.S.C. § 1406(a). Page 1 of 2 Dockets.Justia.com DONE and ORDERED this 24th day of March, 2022. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 2 of 2

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