Horton v. Loggins et al

Filing 3

ORDER transferring this case to the U.S. District Court for the Western District of Arkansas, Harrison Division. Signed by Judge William R. Wilson, Jr on 8/23/10. (bkp) [Transferred from ared on 8/23/2010.]

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Horton v. Loggins et al Doc. 3 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION BRADY LEE HORTON ADC #122529 V. JERRY LOGGINS, Sheriff, Searcy County, et al. TRANSFER ORDER Plaintiff, Brady Lee Horton, has filed a pro se 1983 Complaint alleging that Defendants violated his constitutional rights while he was a pretrial detainee in the Searcy County Jail. 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). It appears that all of the Defendants in this action reside in Searcy County. Similarly, the events giving rise to Plaintiff's claims occurred in Searcy County. Searcy County is located in the Harrison 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"). 1:10CV00062 WRW/JTR DEFENDANTS PLAINTIFF Dockets.Justia.com IT IS THEREFORE ORDERED THAT this case is hereby IMMEDIATELY TRANSFERRED to the United States District Court for the Western District of Arkansas, Harrison Division. Dated this 23rd day of August, 2010. /s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE -2-

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