Trust v. Priegel
MEMORANDUM OPINION AND ORDER by Chief District Judge William P. Johnson transferring case to Western District of Texas. (mag)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
No. 17cv1205 WJ/KRS
FRANCES LEAH HOWE PRIEGEL,
MEMORANDUM OPINION AND ORDER
TRANSFERRING CASE TO WESTERN DISTRICT OF TEXAS
THIS MATTER comes before the Court on Defendant’s En Camera Notice of Removal
Under 28 USC § 1443 28 USC § 1446(b)(3), Doc. 1, filed December 7, 2017. For the reasons
stated below, the Court concludes the District of New Mexico is not a proper venue for this case
and TRANSFERS this case to the Western District of Texas.
The statute governing venue in general states:
Venue in general.--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 a substantial part of property that is the subject of the
action is situated; 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. §1391(b). “The district court of a district in which is filed a case laying venue in the
wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any
district or division in which it could have been brought.” 28 U.S.C. § 1406(a).
Defendant, who resides in El Paso, Texas, seeks to remove an action in the Justice Court,
Justice of the Peace Precinct One, El Paso County, Texas, to this Court. The action appears to
relate to a foreclosure on Defendant’s home, located in El Paso, Texas, and judicial eviction
proceedings in the Justice Court, Justice of the Peace Precinct One, El Paso County, Texas.
The Court concludes that the District of New Mexico is not a proper venue for this case
under § 1391(b), because there are no allegations that a defendant resides in the District of New
Mexico, that any of the events or omissions giving rise to the claim occurred in the District of New
Mexico or that a substantial part of the property that is the subject of this action is situated in the
District of New Mexico. The Court transfers this case to the Western District of Texas because
the Notice of Removal indicates that Defendant resides in, the events giving rise to this case
occurred in, and the property that is the subject of this action is situated in El Paso, Texas, which is
in the Western District of Texas.
IT IS ORDERED that this case is TRANSFERRED to the Western District of Texas.
WILLIAM P. JOHNSON
CHIEF 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?