Brown v. Reed et al

Filing 14

ORDER Approving and adopting 9 Proposed Findings and Partial Disposition submitted by Magistrate Judge. Defendants Reed, Hobbs, Naylor, Machan and Robinson are Dismissed for failure to state a claim upon which relief may be granted; Plaintiff' ;s official capacity claims against all Defendants are Dismissed; Plaintiff's request for a temporary restraining order is Denied. This case is transferred to the U.S. District Court for the Western District of Arkansas. The Clerk of the Court is directed to immediately take all steps necessary to accomplish the transfer. Signed by Judge Susan Webber Wright on 10/12/2012. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
EDDIE BROWN, ADC #146319
Plaintiff,
v.
DALE REED, Warden, Ouachita River Unit,
Arkansas Department of Correction;
et al.,
Defendants.

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No. 4:12-cv-00301-SWW-JJV

ORDER
The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After
careful consideration, the Court concludes that the Proposed Findings and Partial Recommended
Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings
in all respects.
Regarding the remaining claims against Defendants Ford and Mitchell, it appears that venue
properly lies in the Western District of Arkansas. 28 U.S.C. §1391(b). Accordingly, the Court finds
that the interests of justice would best be served by transferring this case to the United States District
Court for the Western District of Arkansas. 28 U.S.C. § 1406(a).1
IT IS, THEREFORE, ORDERED that:
1.

Defendants Reed, Hobbs, Naylor, Machan, and Roberson are DISMISSED from this

cause of action for Plaintiff’s failure to state a claim upon which relief may be granted.
2.

Plaintiff’s official capacity claims against all Defendants are DISMISSED.

“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.” Id.

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3.

Plaintiff’s request for a temporary restraining order is DENIED.

4.

Pursuant to 28 U.S.C. § 1406(a), this case is transferred to the United States District
Court for the Western District of Arkansas. The Clerk of the Court is directed to
immediately take all steps necessary to accomplish the transfer to the Western
District of Arkansas.

DATED this 12th day of October, 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT CHIEF JUDGE

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