Fields v. Nixon et al

Filing 3

ORDER transferring the case to the United States for the Western District of Arkansas, Fort Smith Division. Signed by Judge D. P. Marshall Jr. on 2/10/12. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

MARCUS FIELDS
A.D.C. # 150118

v.

PLAINTIFF

No.4:12-cv-61-DPM

B. BARRETT NIXON, Chief Prosecutor,

Sebastian County; and BEN WOLF,

Prosecutor, Sebastian County

DEFENDANTS

ORDER
Mr. Fields filed this action pro se pursuant to 42 U.s.C. § 1983. It appears
that the Defendants reside in Sebastian County, Arkansas, and the events
giving rise to Fields's claim occurred in Sebastian County. Document No.2.
The controlling statute provides that, in cases not based on diversity of
citizenship, venue is proper in a judicial district in which any defendant
II

resides" or where a substantial part of the events or omissions giving rise to
/I

the claim occurred[.]" 28 U.s.C. § 1391(b)(1)-(2).
Sebastian County is in the Fort Smith Division of the United States
District Court for the Western District of Arkansas. The Court finds that the
interest of justice will be best served by transferring the case there. This case

is, therefore, transferred to the United States District Court for the Western
District of Arkansas, Fort Smith Division. The transfer is immediate because
the receiving Court is in the Eighth Circuit too. Cf In re Nine Mile Limited, 673
F.2d 242 (8th Cir. 1982).
So Ordered.

D.P. Marshall Jr.

United States District Judge

10

-2­

7ehv~ ;lo/J­