Wiggins v. Kelley et al

Filing 3

ORDER directing the Clerk of the Court to immediately transfer plaintiff's entire case file to the United States District Court for the Western District of Arkansas. Signed by Judge J. Leon Holmes on 9/18/2017. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
SHAWN BLAIR WIGGINS
ADC #164567
V.

PLAINTIFF

NO. 4:17CV00593 JLH-PSH

WENDY KELLEY, et al.

DEFENDANTS
ORDER

Plaintiff has submitted this 42 U.S.C. §1983 case for filing in this district. However, from
the facts alleged and the Defendants named, it appears that venue properly lies in the Western
District of Arkansas. See 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. See 28 U.S.C. § 1406(a) (“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 the Clerk of the Court is directed to
IMMEDIATELY TRANSFER PLAINTIFF’S ENTIRE CASE FILE to the United States District
Court for the Western District of Arkansas.
DATED this 18th day of September, 2017.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE