Hardwick v. Smith et al

Filing 3

TRANSFER ORDER finding that the interest of justice would best be served by transferring this case, the Clerk is directed to IMMEDIATELY TRANSFER this case to the USDC for the Western District of Arkansas, Texarkana Division. Signed by Judge Susan Webber Wright on 4/27/12. (vjt)

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

ALEC HARDWICK,
ADC #11305
V.

PLAINTIFF
4:12CV00204 SWW/JTR

WAYNE SMITH, Warden,
Southwest Arkansas Community Correctional Center;
and RICK HART, Director,
Arkansas Department of Community Corrections

DEFENDANTS

TRANSFER ORDER
Plaintiff, Alec Hardwick, is a prisoner in the Grimes Unit of the Arkansas
Department of Correction. In this pro se § 1983 action, he alleges that Defendant
Warden Wayne Smith violated his constitutional rights while he was a prisoner in the
Southwest Arkansas Community Correctional Center. 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 Plaintiff’s claims occurred at the Southwest Arkansas
Community Correctional Center, which is located in Miller County. Similarly, it
appears that Defendant Smith resides in Miller County. Miller County is located in

the Texarkana Division of the United States District Court for the Western District of
Arkansas.
Plaintiff has also named Arkansas Department of Community Correction
Director Rick Hart as a Defendant. Id. It appears that Defendant Hart resides in
Pulaski County. However, Plaintiff has not raised any factual allegations against
Defendant Hart.
The Court concludes that the interest of justice would best be served if this case
were transferred to the Texarkana Division of the United States District Court for the
Western District of Arkansas. See 28 U.S.C. § 1404(a) (providing that a district court
may transfer a case to another district if it is “in the interest of justice”).
IT IS THEREFORE ORDERED THAT this case is hereby IMMEDIATELY
TRANSFERRED to the United States District Court for the Western District of
Arkansas, Texarkana Division.
Dated this 27th day of April, 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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