Pettit v. United States District Court et al

Filing 3

ORDER finding that the interests of justice would best be served by transferring this case and directing the Clerk of the Court to immediately transfer Plaintiff's entire case file to the United States District Court for the District of Utah. The 2 order dated 10/08/2016 is hereby set aside. Signed by Judge James M. Moody Jr. on 11/28/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
MICHAEL E. PETTIT
V.

PLAINTIFF
2:16CV00102 JM

UNITED STATES DISTRICT COURT,
District of Utah; UTAH HIGHWAY PATROL

DEFENDANTS

ORDER
Plaintiff Michael E. Pettit has submitted this 42 U.S.C. § 1983 case for filing in this
District. However, from the facts alleged and the Defendants named, it appears that venue
properly lies in the District of Utah. 28 U.S.C. §1391(b). Accordingly, the Court finds that the
interests of justice would best be served by transferring this case to the United States District
Court for the District of Utah. 28 U.S.C. § 1406(a).1
IT IS THEREFORE ORDERED THAT the Clerk of the Court is directed to
IMMEDIATELY TRANSFER PLAINTIFF’S ENTIRE CASE FILE to the United States District
Court for the District of Utah.
The order dated October 8, 2016 (Docket No. 2) is hereby set aside.
DATED this 28th day of November, 2016.

___________________________
UNITED STATES DISTRICT JUDGE

1

“The district court of a district in which is filed a case laying venue in the wrong division
or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or
division in which it could have been brought.” Id.