Trice v. Eversole et al

Filing 5

TRANSFER ORDER finding that the interests of justice would best be served by transferring this case, the Clerk is hereby directed to immediately transfer this action to the USDC for the Western District of Arkansas, Fort Smith Division. Signed by Judge Brian S. Miller on 4/28/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

ELLIS TRICE,
ADC #144462

PLAINTIFF

v.

4:11-CV-00309 BSM

DONALD EVERSOLE, Detective,
Van Buren Police Department; and
PATTI BONEWELL, Detective,
Crawford County Sheriff’s Office

DEFENDANTS

TRANSFER ORDER
Plaintiff, Ellis Trice, is a prisoner in the Delta Regional Unit of the Arkansas
Department of Correction. He has recently filed a pro se § 1983 complaint alleging that, on
an unspecified date, defendants Donald Eversole and Patti Bonewall used excessive force
when they arrested him in Crawford County and confined him in “a cage.” [Doc. No. 2 at 4].
Plaintiff alleges that, while he was in the cage, defendants drove to Pulaski County where
they conducted a warrantless search of his home and seized his personal property. Id. In April
of 2009, plaintiff was convicted, in the Crawford County Circuit Court, of child pornography
charges and sentenced to 15 years in prison. See Trice v. State, CACR09-721, 2010 WL
26395

(Ark.

App.

Jan.

6,

2010)

(unpublished

opinion);

ADC

website,

www.adc.arkansas.gov/inmate_info.
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). Both of the defendants appear to reside in Crawford County. Additionally, a
substantial part of the events giving rise to plaintiff’s claims occurred in Crawford County.
Crawford County is located in the Fort Smith Division of the United States District
Court for the Western District of Arkansas. See www.arwd.uscorts.gov. Thus, the interests
of justice would best be served if this case was transferred to that federal court. See 28 U.S.C.
§ 1404(a).
This case is hereby immediately transferred to the United States District Court for the
Western District of Arkansas, Fort Smith Division.
IT IS SO ORDERED this 28th day of April, 2011.

UNITED STATES DISTRICT JUDGE

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