Jones v. Young

Filing 3

TRANSFER ORDER finding that the interest of justice will best be served by transferring this case, the Clerk is directed to immediately transfer this action to the USDC for the Western District of Arkansas, Hot Springs Division. Signed by Judge Susan Webber Wright on 1/19/12. (vjt)

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

HOWARD JONES,
ADC #76111
V.

PLAINTIFF
4:12CV00012 SWW/JTR

DREAM REDIC YOUNG,
Infirmary Manager, Ouachita River Unit

DEFENDANT

TRANSFER ORDER
Plaintiff, Howard Jones, is a prisoner in the Tucker Unit of the Arkansas
Department of Correction. He has filed a pro se § 1983 Complaint alleging that
Defendant Dream Redic Young violated his constitutional rights while he was
confined in the Ouachita River Unit. 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 action occurred at the Ouachita
River Unit, which is located in Hot Spring County.

Similarly, it appears the

Defendant Young resides in Hot Spring County.
Hot Spring County is located in the Hot Springs 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 IMMEDIATELY
TRANSFERRED to the United States District Court for the Western District of
Arkansas, Hot Springs Division.
Dated this 19th day of January, 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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