Davis v. Vorhease et al

Filing 3

TRANSFER ORDER finding that the interest of justice will best be served by transferring the case, the Clerk is directed to IMMEDIATELY TRANSFER this case to the USDC for the Western District of Arkansas, El Dorado Division. Signed by Judge Susan Webber Wright on 3/2/12. (vjt) [Transferred from ared on 3/2/2012.]

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

RAPHAEL DAMELL DAVIS
V.

PLAINTIFF

4:12CV00096 SWW/JTR

MICHAEL VORHEASE, Deputy; and
BRYAN SLAUGHTER, Deputy,
Ashley County Sheriff’s Department

DEFENDANTS

TRANSFER ORDER
Plaintiff, Raphel Damell Davis, is confined in the Ashley County Detention
Facility. He has filed a pro se § 1983 Complaint alleging that, on January 19, 2012,
Defendants used excessive force when they arrested him and denied him adequate
medical care for the injuries he sustained in that altercation. See docket entry #2.
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 in Ashley County.
Similarly, it appears that both of the Defendants reside in Ashley 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 “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 this case is IMMEDIATELY
TRANSFERRED to the United States District Court for the Western District of
Arkansas, El Dorado Division.
Dated this 2nd day of March, 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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