Emerson v. McCallum

Filing 3

ORDER finding that the interests of justice would best be served by transferring this case, the Clerk is directed to immediately TRANSFER PLAINTIFF'S ENTIRE CASE FILE to the USDC for the Western District of Arkansas. Signed by Chief Judge J. Leon Holmes on 11/18/11. (vjt) [Transferred from ared on 11/18/2011.]

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION TINA EMERSON ADC #710724 V. PLAINTIFF NO: 4:11CV00815 JLH McCALLUM, Circuit Judge, Clark County DEFENDANT ORDER Plaintiff has submitted this 42 U.S.C. §1983 case for filing in this district. However, from the facts alleged and the Defendant named, it appears that venue properly lies in the Western District of Arkansas. 28 U.S.C. §1391(b). Accordingly, the Court finds that the interests of justice would best be served by transferring this case to the United States District Court for the Western District of Arkansas. 28 U.S.C. § 1406(a).1 IT IS THEREFORE ORDERED THAT the Clerk of the Court is directed to TRANSFER PLAINTIFF’S ENTIRE CASE FILE to the United States District Court for the Western District of Arkansas IMMEDIATELY. DATED this 18th day of November, 2011. UNITED STATES DISTRICT JUDGE 1 “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.” Id.

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