Davis v. Clyde et al

Filing 6

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS. Plaintiff is directed to file an amended complaint. Signed by Honorable Susan O. Hickey on November 28, 2012. (src)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION

MARK R. DAVIS

vs.

PLAINTIFF

CIVIL NO. 6:12-CV-06070

DR.DEBRA CLYDE, et al.

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation filed November 8, 2012 by the
Honorable James R. Marschewski, United States Magistrate Judge for the Western District of
Arkansas. (ECF No. 5). Judge Marschewski has screened Plaintiff’s Complaint (ECF No. 1)
pursuant to 28 U.S.C. § 1915A and recommends dismissal of certain claims while retaining
others. Judge Marschewski also recommends that Plaintiff be directed to file an amended
complaint for the remaining claims. The parties have not filed objections to Judge
Marschewski’s Report, and the time for doing so has passed. See 28 U.S.C. § 636(b)(1). After
reviewing the record de novo, the Court finds that Judge Marschewski’s Report and
Recommendation should be adopted in its entirety.
Plaintiff alleges claims against numerous defendants related to his confinement in four
separate units within the Arkansas Department of Corrections: the East Arkansas Regional Unit
(“EARU”), the North Central Unit (“NCU”), the Tucker Unit, and the Quachita Regional Unit
(“ORU”). Three of these units—EARU, NCU and Tucker—are located in the Eastern District of
Arkansas, while the fourth, ORU, is located in the Western District of Arkansas. Pursuant to 28
U.S.C. § 1391(b), venue is improper as to the claims that arose in the Eastern District of

Arkansas. The Court agrees with Judge Marschewski that, under 28 U.S.C. § 1406(a), the
interest of justice would best be served by dismissing the claims related to the EARU, NCU, and
Tucker Unit without prejudice to allow Plaintiff to bring them in the proper venue.
Accordingly,

the

Court

hereby

adopts

Judge

Marschewski’s

Report

and

Recommendation, and Plaintiff’s claims that arose during his detention at the EARU, NCU, and
Tucker Unit are DISMISSED WITHOUT PREJUDICE. Plaintiff’s claims that arose during
his detention at ORU will remain. It is unclear from Plaintiff’s Complaint, however, which
events relate specifically to his detention at ORU. Therefore, Plaintiff is directed to file an
amended complaint asserting only those claims that relate to ORU. Any allegations, facts, or
claims related to ORU that Plaintiff intends to remain a part of this lawsuit should be included in
the amended complaint.
IT IS SO ORDERED, this 28th day of November, 2012.
/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge