Johnson v. Sebastian County, Arkansas

Filing 4

TRANSFER ORDER transferring this case immediately to the United States District Court for the Western Division of Arkansas, Fort Smith Division. Signed by Judge Susan Webber Wright on 12/2/2014. (ljb) [Transferred from ared on 12/2/2014.]

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

CARLOS JOHNSON,
ADC #655088
V.

PLAINTIFF
4:14CV00672 SWW/JTR

SEBASTIAN COUNTY, ARKANSAS; and
DOES, unknown Sebastian County Jailers
and Fort Smith Police Officers

DEFENDANTS

TRANSFER ORDER
Plaintiff, Carlos Johnson, is a prisoner in the Varner Unit of the Arkansas
Department of Correction. He has filed a pro se § 1983 Complaint alleging that
Defendants used excessive force against him when he was arrested in Sebastian
County and confined in the Sebastian County Jail. Doc. 1.
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 Sebastian
County, and it appears that Defendants reside in that county. Sebastian County is
located in the Fort Smith 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, Fort Smith Division.
Dated this 2nd day of December, 2014.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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