McClure et al v. Davis

Filing 3

ORDER, in the interest of justice, the Clerk is directed to immediately transfer this action to the USDC for the Western District Of Arkansas. Signed by Judge J. Leon Holmes on 9/21/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
MONTEGO MCCLURE, ADC #145695
v.

PLAINTIFF

NO. 4:12CV00590 JLH

ANDREA L. DAVIS, Attorney,
Hot Springs, Arkansas; and
ROBERT MCCALLUM, Judge,
Ninth Judicial District

DEFENDANTS
ORDER

This is a civil action brought by Montego McClure against Andrea L. Davis and Judge Robert
McCallum. Venue in a civil action lies in the judicial district in which a defendant resides or in a
judicial district where a substantial part of the events giving rise to the claim occurred. 28 U.S.C. §
1391. Here, the defendants reside in the Western District of Arkansas, not the Eastern District, and
the events occurred in the Western District of Arkansas, not the Eastern District. Therefore, venue
lies in the Western District of Arkansas. When an action is filed in the wrong venue, the district court
may either dismiss the action or, if it is in the interest of justice, transfer the case to the district where
it could have been brought. 28 U.S.C. § 1406(a). Therefore, in the interest of justice, the Court
orders that this action be transferred to the Western District of Arkansas immediately.
IT IS SO ORDERED this 21st day of September, 2012.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE