PEPE
v.
FINLEY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The district court adopted the magistrate judge's recommendation and dismissed Pepe's case against Finley for lack of proper venue under 28 U.S.C. §1406(a), finding the case was filed in the wrong district and that transfer would not serve the interests of justice.
The case is dismissed without prejudice under 28 U.S.C. §1406(a) because it was filed in the wrong district and transferring it would not be in the interest of justice.
“the Court agrees with the magistrate judge's determination that this case should be dismissed under 28 U.S.C. §1406(a) because it was filed in the wrong district and transferring it would not be in the interest of justice”
Establishes the court's holding that dismissal was proper based on improper venue and lack of interest in transfer
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe case was filed in the Northern District of Florida. The court determined the case was brought in an improper venue based on the magistrate judge's…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Improper Venue cases and more on FLexlaw
This case is before the Court based on the magistrate judge's Report and Recommendation (Doc. 5). No objections were filed.
Upon due consideration of the Report and Recommendation and the entire case file, the Court agrees with the magistrate judge's determination that this case should be dismissed under 28 U.S.C. §1406(a) because it was filed in the wrong district and transferring it would not be in the interest of justice. See Pepe v. Pepe, 2025 WL 1928736 (N.D. Fla. July 14, 2025); Pepe v. Confreda, 2025 WL 1735733 (N.D. Fla. June 23, 2025). Accordingly, it is
ORDERED that:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this Order.
2. This case is DISMISSED without prejudice under 28 U.S.C. §1406(a).
3. The Clerk shall enter judgment in accordance with this Order and close the case file.
DONE AND ORDERED this 21st day of July, 2025.
T. KENT WETHERELL, II UNITED STATES DISTRICT JUDGE
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Pepe v. Finley, 2025 WL 1928736 (N.D. Fla. 2025)…e file, the Court agrees with the magistrate judge’s determination that this case should be dismissed under 28 U.S.C. §1406(a) because it was filed in the wrong district and transferring it would not be in the interest of justice. See Pepe v. Pepe, 2025 WL 1928736 (N.D. Fla. July 14, 2025); Pepe v. Confreda, 2025 WL 1735733 (N.D. Fla. June 23, 2025). Accordingly, it is ORDERED that: 1. The magistrate judge’s Report and Recommendation is adopted and incorporated by reference in this Order. Page 1 of 2 2. Th…1 / 2
Authorities Cited
- Pepe v. Finley, 2025 WL 1928736 (N.D. Fla. 2025)