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PERKINS v. TOWN OF PRINCEVILLE

No. 1:04CV473.

340 F.Supp.2d 624 (2004)

Adam L. PERKINS, Plaintiff, v. TOWN OF PRINCEVILLE and The Princeville Police Department, Defendants.

United States District Court, M.D. North Carolina.

September 27, 2004.

Attorney(s) appearing for the Case

Adam L. Perkins, Timberlake, NC, Pro se.

Melissa Robin Davis, Cranfill Sumner & Hartzog, Raleigh, NC, for Town of Princeville, Princeville Police Department, defendants.

ORDER OF UNITED STATES MAGISTRATE JUDGE

DIXON, United States Magistrate Judge.

This matter is before the court on Defendants' motion to dismiss, pursuant to Rule 12(b)(3) of the Federal Rules of Civil Procedure, for lack of proper venue under 28 U.S.C. § 1406(a) [docket no. 11]. Alternatively, Defendants move to transfer this case to the Eastern District of North Carolina pursuant to 28 U.S.C. §§ 1406(a) or 1404(a). Plaintiff has responded...

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