Hicks v. Miller County Correctional Facility
TRANSFER ORDER finding that the interest of justice will best be served by transferring this case, this action is IMMEDIATELY TRANSFERRED to USDC for the Western District of Arkansas, Texarkana Division. Signed by Judge Susan Webber Wright on 6/1/11. (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
BRIAN JAMES HICKS,
MILLER COUNTY CORRECTIONAL FACILITY
Plaintiff, Brian James Hicks, is prisoner in the East Arkansas Regional Unit of
the Arkansas Department of Correction. He has recently filed a pro se § 1983
Complaint alleging that his constitutional rights were violated, in numerous ways,
during a criminal investigation that occurred in Miller County, and, thereafter, while
he was confined in the Miller County Correctional Facility. 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).
The events giving rise to this lawsuit occurred in Miller County. The Miller
County Correctional Facility, which is the only named Defendant, is in Miller County.
Miller County is located in the Texarkana 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
IT IS THEREFORE ORDERED THAT this case is IMMEDIATELY
TRANSFERRED to the United States District Court for the Western District of
Arkansas, Texarkana Division.
Dated this 1st day of June, 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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