Conley v. French et al
ORDER that the case is immediately tranferred to the United States District Court for the Western District of Arkansas, Fayetteville Division. Signed by Judge James M. Moody on 4/4/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
Detective, Washington County, et al.
Plaintiff, Vernell Conely, is a prisoner in the Cummins Unit of the Arkansas
Department of Correction. He has filed a pro se § 1983 Complaint alleging that
Defendants violated his constitutional rights when they arrested and prosecuted him
in Washington County, Arkansas. See docket entries #2 and #3.
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 in Washington
County. Additionally, it appears that all of the Defendants reside in Washington or
Washington and Madison Counties are located in the Fayetteville 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, Fayetteville Division.
Dated this 4th day of April, 2012.
UNITED STATES DISTRICT JUDGE
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