Pierce v. Kaufman County District Attorney Office et al
Filing
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ORDER AND REASONS: It is therefore ORDERED that the instant matter be TRANSFERRED to the United States District Court for the Northern District of Texas, Dallas Division.Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 9/6/2016.(my)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SCOTT BOATNER PIERCE
VERSUS
KAUFMAN COUNTY DISTRICT
ATTORNEY OFFICE ET AL.
CIVIL ACTION
NO. 16-13830
SECTION “S”(2)
ORDER AND REASONS
Pro se plaintiff Scott Boatner Pierce is an inmate currently incarcerated in the
Henderson County Jail in Athens, Texas. He filed the captioned lawsuit in forma
pauperis1 pursuant to 42 U.S.C. § 1983 against the defendants, the Kaufman County
District Attorney’s Office, the Kaufman County District Attorney, the Adult Probation
Office, the Kaufman County Sheriff’s Office and Kaufman County, Texas. Plaintiff
alleges that he was wrongfully arrested and falsely imprisoned for a probation violation,
and that the motion to revoke his probation was later withdrawn by the Kaufman County
District Attorney. Record Doc. No. 1 (Complaint). He requests monetary compensation
and injunctive relief. Id.
Because 42 U.S.C. § 1983 contains no specific venue provision, venue is
determined under 28 U.S.C. § 1391, also known as the general venue statute. Jones v.
Bales, 58 F.R.D. 453 (N.D. Ga. 1972), aff’d, 480 F.2d 805 (5th Cir. 1973). Section
1391(b) provides in pertinent part:
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The court has instructed the Clerk of Court by separate order to file this complaint without
prepayment of a filing fee. Ruling on the application for pauper status is deferred to the United States
District Court for the Northern District of Texas.
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A civil action may be brought in -- (1) a judicial district in which any
defendant resides, if all defendants are residents of the State in which the
district is located; (2) a judicial district in which a substantial part of the
events or omissions giving rise to the claim occurred, . . . or (3) if there is
no district in which an action may otherwise be brought as provided in this
section, any judicial district in which any defendant is subject to the
court’s personal jurisdiction with respect to such action.
28 U.S.C. §§ 1406(a) and 1404(a) allow transfer of a case from one district to
another district or division in which venue is proper, for the convenience of parties and
witnesses and in the interest of justice. For example, a magistrate judge’s transfer of a
prisoner’s case to the district in which his claims allegedly arose has been held proper
by the United States Court of Appeals for the Fifth Circuit. Balawajder v. Scott, 160
F.3d 1066, 1067 (5th Cir. 1999).
The events forming the factual basis of plaintiff’s claims allegedly occurred in
Kaufman County, Texas, which is located within the boundaries of the Dallas Division
of the Northern District of Texas. 28 U.S.C. § 124(a)(1). No defendant is alleged to
reside in or to be located within the Eastern District of Louisiana. Venue is not proper
in the Eastern District of Louisiana. On the other hand, venue is proper in the Northern
District of Texas, and the interests of justice dictate that this case be transferred, rather
than being dismissed on grounds of improper venue. A magistrate judge is authorized
to transfer to another district a complaint asserting claims based upon events occurring
in that district. Balawajder, 160 F.3d at 1067.
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It is therefore ORDERED that the instant matter be TRANSFERRED to the
United States District Court for the Northern District of Texas, Dallas Division.
6th
New Orleans, Louisiana, this _________ day of September, 2016.
_________________________________
JOSEPH C. WILKINSON, JR.
UNITED STATES MAGISTRATE JUDGE
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