Jennings v. Helder et al

Filing 13

ORDER transferring the case to the United States District Court for the Western District of Arkansas. The Clerk is directed to immediately transfer the case. Signed by Judge D. P. Marshall Jr. on 8/27/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION

JONTHAN C. JENNINGS,
ADC #122853

v.

PLAINTIFF

4:13-cv-454-DPM-JTR

TIM HELDER,
Washington County Sheriff, et al.

DEFENDANTS

ORDER
Jonathan C. Jennings is a prisoner in the Washington County Detention
Center. He has filed a pro se § 1983 complaint and several supporting
documents alleging that defendants have failed to protect him from harm,
used excessive force against him, and refused to provide him with a medically
necessary diet. NQ 2, 3, 5, 6, 8, & 9. Jennings also has filed a motion for a
preliminary injunction asking that he be immediately transferred to another
ADC holding facility. NQ 7.
The statute provides that, in a case that is not based on diversity
11

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
II

claim occurred." 28 U.S.C. § 1391(b). The events giving rise to this§ 1983

action occurred at the Washington County Detention Center, and it appears
that all of the defendants reside near that facility. Washington County is
located in the Fayetteville Division of the United States District Court for the
Western District of Arkansas. Venue is proper there, and not in the Eastern
District.
Transfer to the proper court, rather than dismissal, is in the interests of
justice. 28 U.S.C. § 1406(a). The Clerk is directed to immediately transfer this
case to the United States District Court for the Western District of Arkansas,
Fayetteville Division.*
So Ordered.
D.P. Marshall Jr.
United State District Judge

• In re Nine Mile Limited, 673 F.2d 242,243 (8th Cir. 1982).
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