Flores v. United States Attorney General, et al. (MAG+)

Filing 4

ORDER directing that, pursuant to 28 U.S.C. § 1406(a), this case is transferred to the United States District Court for the Western District of Texas; the Clerk of the Court is DIRECTED to take the necessary steps to effect the transfer of this case to United States District Court for the Western District of Texas; this case is closed in this court. Signed by Honorable Judge Myron H. Thompson on May 11, 2015. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ERIC FLORES,

)
)
Plaintiff,
)
)
v.
)
)
UNITED STATES ATTORNEY
)
GENERAL and FEDERAL BUREAU )
OF INVESTIGATION,
)
)
Defendants.
)

CIVIL ACTION NO.
2:15cv219-MHT
(WO)

OPINION AND ORDER
Plaintiff
complaining

Eric

that

Flores

filed

defendants

this

United

Bivens

States

action

Attorney

General and the Federal Bureau of Investigation

and

unnamed

his

government

constitutional rights.*

*

officials

violated

Pursuant to the provisions of

Flores is pro se, and, at the time he filed his
complaint, he also filed an application for leave to
proceed in forma pauperis.
The court takes no action
concerning that application, which is best resolved by
the United States District Court for the Western
District of Texas.

28 U.S.C. § 1406, this case will be transferred to the
Western District of Texas.
When a filed case lays venue in the wrong district,
a district court must dismiss the case, or, if in the
interests of justice, transfer the case to a proper
district.

28 U.S.C. § 1406(a).

Venue is proper in “a

judicial district in which a substantial part of the
events or omissions giving rise to the claim occurred
....”

28

U.S.C.

§ 1391(b)(2).

“The

decision

to

transfer a case to another district is left to the
sound discretion of the trial court.”

Brown v. Conn.

Gen. Life Ins. Co., 934 F.2d 1193, 1197 (11th Cir.
1991); see also Haynes v. U-Haul, No. 2:12cv535–MHT,
2012

WL

4017938,

at

*1

(M.D.

Ala.

Sept.

12,

2012)

(Thompson, J.).
Here, venue is proper in the Western District of
Texas.

All of the actions about which Flores complains

occurred in El Paso, Texas, which is located in the
Western District of Texas.

The majority, if not all,
2

of the witnesses are located in the Western District of
Texas.

None of the events Flores complains about is

alleged

to

Alabama,

have

and

occurred

none

of

in

the

the

Middle

witnesses

District

appears

located in the Middle District of Alabama.

to

of
be

Indeed, not

even the plaintiff appears to have any connection to
the Middle District of Alabama.

Therefore, the case

must be dismissed or transferred.

As Flores is pro se,

the court will transfer the case to the United States
District Court for the Western District of Texas in the
interest of justice.

***
Accordingly, it is ORDERED, ADJUDGED, and DECREED
that, pursuant to 28 U.S.C. § 1406(a), this case is
transferred to the United States District Court for the
Western District of Texas.
The Clerk of the Court is DIRECTED to take the
necessary steps to effect the transfer of this case to
3

United States District Court for the Western District
of Texas.
This case is closed in this court.
DONE, this the 11th day of May, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE

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