Hamilton v. Williams et al
TRANSFER ORDER directing the Clerk to transfer this case immediately to the U.S. District Court for the Western District of Arkansas, Hot Springs Division. Signed by Magistrate Judge J. Thomas Ray on 6/7/2021. (jak)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
GREGORY L. HAMILTON, JR.
RICO WILLIAMS, Corporal, Ouachita River Unit, ADC;
ISSAC EMERSON, Corporal, Ouachita River Unit, ADC;
JIMMY COLEMAN, Major, Ouachita River Unit, ADC;
DEXTER PAYNE, Director, ADC;
JAMES GIBSON, Warden, Varner Supermax Unit, ADC;
CULCLAGER, Warden, Ouachita River Unit, ADC; and
S. FRANK, Sgt., Varner Supermax Unit, ADC
Plaintiff Gregory L. Hamilton, Jr., a prisoner in the Varner Unit of the
Arkansas Department of Correction (“ADC”), has filed a pro se § 1983 Complaint
alleging that Defendants violated his constitutional rights while he was incarcerated
in the ADC’s Ouachita River Unit (“ORU”). Specifically, he alleges that: Defendant
Corporals Rico Williams (“Williams”) and Issac Emerson (“Emerson”) used excess
force against him on December 2, 2020; Defendant Major Jimmy Coleman
(“Coleman”) and Warden Culclager (“Culclager”) knew of the December 2 incident
but were deliberately indifferent to Williams’ and Rico’s use of excess force;
Defendant Director Dexter Payne (“Payne”) was deliberately indifferent when he
reviewed the use of excess force during the disciplinary appeals process; and
Defendants Warden James Gibson (“Gibson”), Sergeant S. Frank (“Frank”), Payne,
and Culclager denied him due process during his disciplinary hearing and appeals.
See Doc. 2. Defendants Williams, Emerson, Coleman, and Culclager work at the
ORU. In contrast, Defendants Gibson and Frank work at the Varner Unit in Grady;
and Defendant Payne works at the ADC’s Central Office in Pine Bluff.
The federal venue statute provides that, in a case that is not based on diversity
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 claim occurred.” See
28 U.S.C. § 1391(b). The events giving rise to this action occurred at the ORU,
which is located in Hot Spring County. Similarly, the Defendants who were most
directly involved in the alleged constitutional violations reside in Hot Spring County.
Hot Spring County is located in the Hot Springs 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. § 1404(a) (“For the convenience of parties and witnesses, in the
interest of justice, a district court may transfer any civil action to any other district
or division where it might 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, Hot Springs Division.
DATED this 7th day of June, 2021.
UNITED STATES MAGISTRATE JUDGE
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