Campbell v. Day et al

Filing 3

TRANSFER ORDER finding that the interest of justice will best be served by transferring this case, the Clerk is hereby directed to IMMEDIATELY TRANSFER THIS CASE to the USDC for the Western District of Arkansas, Harrison Division. Signed by Chief Judge J. Leon Holmes on 4/9/10. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ROGER CAMPBELL ADC #078423 v. No. 4:10CV00222 JLH/JTR DEFENDANTS PLAINTIFF

JASON DAY, Jail Administrator, Boone County Detention Center, et al. TRANSFER ORDER

Plaintiff Roger Campbell, who is currently confined in the Boone County Detention Center, has filed a pro se § 1983 Complaint alleging that Defendants failed to provide him with adequate medical care after he suffered a seizure. See docket entry #2. The federal venue statute provides that, in a case that is not based on diversity jurisdiction, venue is proper in the judicial district where "any defendant resides" or "a substantial part of the events or omissions giving rise to the claim occurred." See 28 U.S.C. § 1391(b). All of the Defendants in this action reside in Boone County. Similarly, the events giving rise to Plaintiff's claims occurred in Boone County. Boone County is located in the Harrison Division of the United States District Court for the Western District of Arkansas. The Court concludes that the interest of justice will best be served by transferring the case to that federal court. See 28 U.S.C. § 1406(a) (providing that 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").

IT IS THEREFORE ORDERED THAT this case is hereby IMMEDIATELY TRANSFERRED to the United States District Court for the Western District of Arkansas, Harrison Division. Dated this 9th day of April, 2010.

UNITED STATES DISTRICT JUDGE

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