Newton v. Does

Filing 5

ORDER denying 1 Newton's Motion to Proceed in forma pauperis and dismissing his case without prejudice. Signed by Judge D. P. Marshall Jr. on 9/9/2011. (dmn)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION THANE T. NEWTON, ADC #135297 v. PETITIONER Case No. 4:11-cv-612-DPM-JTK DOES Sex Offender Assessment Committee (SOAC) and Sex Offender Screening and RiskAssessment (SOSRA) RESPONDENTS ORDER Newton, an inmate in the Ouachita River Unit in Malvern, Hot Spring County, Arkansas, has filed a complaint which has been designated as a habeas corpus action pursuant to 28 U.S.C. § 2254. It appears, however, that Newton filed the same action in the United States District Court for the Western District of Arkansas, Hot Springs Division, on 15 August 2011. That Court granted Newton's in forma pauperis application on the same date. Newton v. Sex Offender Assessment Committee (SOAC) and Sex Offender Screening and Risk Assessment (SOSRA), Case No. 6:11-cv-6064-RTD-BAB. Because Newton is currently incarcerated in Hot Spring County, Arkansas, venue appears proper in the Western District. 28 U.s.C. § 2241 (d). He appears to be properly prosecuting his claim there, transfer is not necessary, and dismissal here seems appropriate. Newton's motion to proceed in forma pauperis, Document No. I, is therefore denied and his case is dismissed without prejudice. So Ordered. D.P. Marshall Jr. United States District Judge 9 ~;lOI/ -2­

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