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Andress v. Commonwealth of Kentucky

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


July 13, 2006

ALAN ANDRESS, PLAINTIFF,
v.
COMMONWEALTH OF KENTUCKY, COMMONWEALTH OF FRANKLIN COUNTY, MARK MILLER, COMM'R OF STATE POLICE OF KENTUCKY, LARRY CLEVELAND, FRANKLIN COUNTY COMMONWEALTH ATTORNEY, EBAY AND MARK THOMAS, DEFENDANTS.

The opinion of the court was delivered by: William M. Skretny United States District Judge

ORDER

It has come to this Court's attention that the parties seek clarification of this Court's Decision and Order (Docket No. 13) resolving the motions to dismiss filed in this case. As discussed therein, this Court found that it lacked personal jurisdiction over the defendants and that dismissal of the Complaint from this Court would therefore be proper. However, this Court did not, and did not intend to dismiss any of the claims or defendants from this action, as noted by the reservation of Defendants' alternate arguments to the transferee court, and the expressed concern that outright dismissal may prejudice Plaintiff's ability to file his claims anew. Rather, this Court transferred the case, in its entirety, to the United States District Court for the Eastern District of Kentucky pursuant to 28 U.S.C. § 1406(a).

Accordingly, this Court's Decision and Order (Docket No. 13) is properly read as transferring this entire case to the Eastern District of Kentucky. This Court did not dismiss any claims or defendants. It simply found a lack of personal jurisdiction in this Court and transferred the case.*fn1

SO ORDERED.


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