McClure et al v. Davis
ORDER, in the interest of justice, the Clerk is directed to immediately transfer this action to the USDC for the Western District Of Arkansas. Signed by Judge J. Leon Holmes on 9/21/12. (vjt) [Transferred from ared on 9/21/2012.]
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
MONTEGO MCCLURE, ADC #145695
NO. 4:12CV00590 JLH
ANDREA L. DAVIS, Attorney,
Hot Springs, Arkansas; and
ROBERT MCCALLUM, Judge,
Ninth Judicial District
This is a civil action brought by Montego McClure against Andrea L. Davis and Judge Robert
McCallum. Venue in a civil action lies in the judicial district in which a defendant resides or in a
judicial district where a substantial part of the events giving rise to the claim occurred. 28 U.S.C. §
1391. Here, the defendants reside in the Western District of Arkansas, not the Eastern District, and
the events occurred in the Western District of Arkansas, not the Eastern District. Therefore, venue
lies in the Western District of Arkansas. When an action is filed in the wrong venue, the district court
may either dismiss the action or, if it is in the interest of justice, transfer the case to the district where
it could have been brought. 28 U.S.C. § 1406(a). Therefore, in the interest of justice, the Court
orders that this action be transferred to the Western District of Arkansas immediately.
IT IS SO ORDERED this 21st day of September, 2012.
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?