Shell v. Lingo et al

Filing 2

TRANSFER ORDER directing that this case is immediately transferred to the United States District Court for the Western District of Arkansas. Signed by Magistrate Judge J. Thomas Ray on 11/21/2022. (kdr)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
ROBERT DALE SHELL
V.

PLAINTIFF
No. 4:22-CV-01121-BRW-JTR

JOSH LINGO, Captain,
Hot Spring County Detention Center; et al.

DEFENDANTS

TRANSFER ORDER
Plaintiff Robert Dale Shell (“Shell”), a prisoner in the Hot Spring County
Detention Center (“HSCDC”), has filed a pro se § 1983 Complaint alleging
unconstitutional conditions of confinement and inadequate medical care during his
time incarcerated in the HSCDC. Doc. 1. Shell also makes allegations against the
Montgomery County Sheriff’s Office
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). According to Shell’s Complaint, the events giving rise to this
lawsuit occurred in Hot Spring County and Montgomery County, which are both
located in the Western District of Arkansas.
Accordingly, the interest of justice will best be served by transferring this case
to the United States District Court for the Western District of Arkansas. 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.
DATED this 21st day of November, 2022.

____________________________________
UNITED STATES MAGISTRATE JUDGE

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