Baker v. Ashley County Detention Center

Filing 4

TRANSFER ORDER directing the Clerk to immediately transfer this case to the United States District Court for the Western District of Arkansas, El Dorado Division. Signed by Judge Billy Roy Wilson on 4/13/2018. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION PLAINTIFF CODY BAKER V. 4:18CV00205-BRW/JTR ASHLEY COUNTY DETENTION CENTER DEFENDANT TRANSFER ORDER Cody Baker filed a pro se ' 1983 Complaint alleging that the defendant, Ashley County Detention Center, is violating his constitutional rights. The federal venue statute provides that, in a case that is not based on diversity jurisdiction, venue is proper in the judicial district where Aany defendant resides@ or Aa 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 this action occurred in Ashley County, and the only defendant resides in that county. Ashley County is located in the El Dorado Division of the United States District Court for the Western District of Arkansas. The Court concludes that the interest of justice will best be served by transferring the case to that federal court. See 28 U.S.C. ' 1406(a) (providing that the Adistrict 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 this case is IMMEDIATELY TRANSFERRED to the United States District Court for the Western District of Arkansas, El Dorado Division. Dated this 13th day of April, 2018. ____________________________________ /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE -2-

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