Stearns v. Inmate Services Corporation, 3:19-CV-00100-BRW. (2019)
Court: District Court, E.D. Arkansas
Number: infdco20190416988
Visitors: 13
Filed: Apr. 15, 2019
Latest Update: Apr. 15, 2019
Summary: ORDER BILLY ROY WILSON , District Judge . This is Plaintiff's second class-action case regarding his transportation while in Defendants' custody. The first case asserted 1983 class claims, 1 but was dismissed and is currently before the Eighth Circuit. 2 When Plaintiff's first case was dismissed, Peters v. Inmate Services was pending in the Eastern District of Arkansas ("EDAR") because it was transferred from the Northern District of Ohio ("NDOH"), based on the first-to-file rule. 3
Summary: ORDER BILLY ROY WILSON , District Judge . This is Plaintiff's second class-action case regarding his transportation while in Defendants' custody. The first case asserted 1983 class claims, 1 but was dismissed and is currently before the Eighth Circuit. 2 When Plaintiff's first case was dismissed, Peters v. Inmate Services was pending in the Eastern District of Arkansas ("EDAR") because it was transferred from the Northern District of Ohio ("NDOH"), based on the first-to-file rule. 3 ..
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ORDER
BILLY ROY WILSON, District Judge.
This is Plaintiff's second class-action case regarding his transportation while in Defendants' custody. The first case asserted § 1983 class claims,1 but was dismissed and is currently before the Eighth Circuit.2 When Plaintiff's first case was dismissed, Peters v. Inmate Services was pending in the Eastern District of Arkansas ("EDAR") because it was transferred from the Northern District of Ohio ("NDOH"), based on the first-to-file rule.3 Peters asserted negligence class claims based on similar allegations. After the § 1983 class case was dismissed, the Peters case was transferred back to the NDOH.
Now Plaintiff has filed a class complaint based on negligence that substantially overlaps with the Peters case pending in the NDOH.4 Based on the first-to-file rule and for the reasons set out in the NDOH's January 11, 2018 transfer order, this case should be transferred to the NDOH.5 Accordingly, the Clerk of the Court is directed to immediately transfer this case to the Northern District of Ohio.
IT IS SO ORDERED.
FootNotes
1. Stearns v. Inmate Services Corporation, et al., No. 3:16-CV-00339 (E.D. Ark.).
2. Id. at Doc. Nos. 85, 91, 100.
3. Peters v. Inmate Services Corporation, et al., No. 3:18-CV-00150 (E.D. Ark.).
4. 1:18-cv-02959-JG (N.D. Oh.).
5. Peters v. Inmate Services Corporation, et al., No. 1:17-cv-1660 (N.D. Ohio), Doc. No. 24.
Source: Leagle
