Toney v. Lingo et al

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
JAVON TERRY 	PLAINTIFF
ADC #149993
V. 	NO. 4:23-cv-01179-BRW-ERE
DAVID LINGO 	DEFENDANT
ORDER
On December 11, 2023, pro se plaintiff Javon Terry, an Arkansas Division of
Correction inmate previously detained at the Hot Springs County Jail (“County
Jail”), filed a complaint under 42 U.S.C. § 1983 alleging that County Jail staff
members failed to protect him from an inmate attack on September 22, 2022. Doc.
1.
Mr. Terry’s claims arose in Malvern, Arkansas, where all Defendants are
located. Malvern, Arkansas is in the Western District of Arkansas. Venue is proper
in the judicial district where “any defendant resides” or where “a substantial part of
the events or omissions giving rise to the claim occurred.” 28 U.S.C. § 1391(b).
Accordingly, venue is not proper in this district. Rather than dismiss the case for
improper venue, the Court will transfer the case to the Western District, where venue
is proper. See 28 U.S.C. § 1406(a) (providing that the “district court of a district in
which is filed a case laying venue in the wrong division or district shall dismiss, or
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if it be in the interest of justice, transfer such case to any district or division in which
it could have been brought”).
IT IS THEREFORE ORDERED THAT the Clerk of Court is directed to
transfer this case immediately to the United States District Court for the Western
District of Arkansas.
So Ordered 13 December 2023.
___________________________________
UNITED STATES MAGISTRATE JUDGE
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