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<n ete erwee oe OM ug OT = °" fyg-18-1992 14:04 FROM Sern eee wre a 2} STRICT COURT 2 eyes P.@5 The court finds that plaintiff's unsupported epithets do not enable him to meet his burden in response to defendant's ade- quately supported motion. In the absence of any evidence to controvert defendant's testimony, the court finds that there is no genuine issue of material fact with respect to defendant William Fields! involvement herein. In short, he was not "acting under color of state law." Thus, defendant Field's motion for summary judgment (document no. 35) must be and herewith is granted. 2. Plaintiff's Motion for Re«Instatement of Pleadings [reqarding) Change of Venue/Transfer to Another District It now appearing that plaintiff has complied with Rule 5; Fed. R. Civ. P., the "Motion for Re-Instatement of Pleadings" is —_— herewith granted. That, however, has no effect on the utterly meritless nature of the venue-related motion. Plaintiff moves pursuant to 28 U.S.C. § 1404, which provides in relevant part: (a) For the convenience of the parties and + witnesses, in the interest of justice, a gistrict court may transfer any civil action to any other district or division where it might have been brought. Plaintiff seeks transfer "ENTIRELY OUT OF NEW ENGLAND... . TO THE U.S. DISTRICT COURTS OF EASTERN PENNSYLVANIA." Memorandum