Carter v. Department of Agriculture

Filing 19

ORDER granting 16 Motion to Change Venue; ORDER TRANSFERRING CASE to District of Eastern District of Arkansas. Signed by Honorable Barry A. Bryant on April 26, 2018. (cnn) [Transferred from arwd on 4/27/2018.]

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
JESSIE CARTER
vs.

PLAINTIFF
Civil No. 1:18-cv-01004

USDA and its representatives in their official
capacity at the USDA

DEFENDANT

TRANSFER ORDER
Plaintiff Jessie Carter has filed a Complaint against the USDA and its representatives. ECF
No. 1. On April 9, 2018, Plaintiff filed his Motion to Change Venue. ECF No. 16. The Defendant
has not responded to this Motion. The Motion to Change Venue was referred to the undersigned for
decision pursuant to 28 U.S.C. § 636(b)(1)(A) and Local Rule 72.1 by United States District Judge
Susan O. Hickey. ECF No. 17.
Pursuant to 28 U.S.C. § 1391(e), venue is proper in a case such as this “where defendant is
[an] officer or employee of the United States” either where (1) “a defendant in the action resides,”
(2) “a substantial part of the events or omissions giving rise to the claim occurred,” or (3) “the
plaintiff resides if no real property is involved in the action.” Here, there has been no demonstration
any defendant resides in the Western District of Arkansas, and there has also been no demonstration
“a substantial part of the events or omissions giving rise to the claim occurred” in the Western
District of Arkansas.
However, Plaintiff is a citizen and resident of Dallas County, Arkansas. ECF No. 1. There
is “no real property . . . involved in the action.” The Eastern District of Arkansas hears cases arising
in Dallas County, Arkansas. Accordingly, the Court GRANTS Plaintiff’s Motion to Change Venue
(ECF No. 16), and the Clerk of the Court is directed to transfer immediately and without delay
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Plaintiff’s action and entire case file to the United States District Court for the Eastern District of
Arkansas pursuant to 28 U.S.C. § 1404(a).
IT IS SO ORDERED this 26th day of April 2018.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE

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