Frazier v. Arkansas Department of Correction et al
ORDER directing the Clerk of the Court to immediately transfer this case to the United States for the Western District of Arkansas, Hot Springs Division. Signed by Judge D. P. Marshall Jr. on 7/12/11. (kpr) [Transferred from ared on 7/13/2011.]
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JASON KELLY FRAZIER,
ARKANSAS DEPARTMENT OF
CORRECTION; WOMBLE, Sergeant; and
JESSIE STEARNS, Correctional Officer,
Ouachita River Unit
The Court finds that the interests of justice would be best served by
transferring this case to the Hot Springs Division of the United States District
Court for the Western District of Arkansas. Venue lies in the Western District,
as all Defendants are there and the events complained of allegedly occurred
there. 28 U.S.C. § 1406(a).
The Clerk of the Court is directed to transfer Frazier's entire case file to
the United States District Court for the Western District of Arkansas, Hot
Springs Division. The transfer should be immediate; there is no need to wait
a reasonable time, cf In reo Nine Mile Limited, 673 F.2d 242, 243 (8th Cir. 1982),
because the receiving Court is also in the Eighth Circuit and, if he wants to do
so, Frazier can challenge the transfer by taking his appeal from that Court as
easily and completely as he could appeal from this Court.
D.P. Marshall Jr.
United States District Judge
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