Doss v. Davis et al

Filing 3

ORDER directing clerk to file complaint and ORDER TRANSFERRING CASE to Eastern District of Arkansas. Signed by Honorable James R. Marschewski on April 4, 2017. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION CHRISTOPHER DEWAYNE DOSS v. PLAINTIFF Civil No. 4:17-cv-04019 OFFICER T. DAVIS; OFFICER STAG; CORPORAL BALDING; SARGEANT TONYA PARKER; OFFICER GRIFFIN; OFFICER CREECH; SARGEANT FULITON; and NURSE ANGLEA FAIN DEFENDANTS ORDER Christopher Dewayne Doss submitted this pro se action for filing on April 4, 2017 pursuant to 42 U.S.C. § 1983. The Clerk is DIRECTED to file the Complaint and in forma pauperis application. After a thorough review of the facts alleged and the Defendants named in Plaintiff’s Complaint, the Court finds that venue properly lies in the Eastern District of Arkansas. In cases such as this one, venue is proper in the judicial district where the defendants reside or a substantial part of the events or omissions giving rise to the claim occurred. See 28 U.S.C. § 1391(b). Here, Plaintiff’s claims center around the treatment he is receiving while incarcerated in Saline County Detention Center in Benton, Arkansas, and Plaintiff only names defendants that work in that facility. Saline County is within the Eastern District of Arkansas. Accordingly, the Court finds that the interest of justice would best be served by transferring this case to the United States District Court for the Eastern District of Arkansas. See 28 U.S.C. § 1406(a).1 The Clerk of the Court is DIRECTED to transfer immediately and without delay Plaintiff’s action and entire case file to the United States District Court for the Eastern District of Arkansas. IT IS SO ORDERED this 4th day of April 2017. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE                                                               “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.” 28 U.S.C. § 1406(a). 1

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