Scott v. Byrd et al

Filing 3

MEMORANDUM OPINIONregarding venue. Signed by Judge Earl S. Hines on 11/8/05. (bjc, )

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Scott v. Byrd et al Doc. 3 Case 1:05-cv-00739-TH-ESH Document 3 Filed 11/08/2005 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION ARTIE SCOTT, III VS. OFFICER BYRD, ET AL CIVIL ACTION NO. 1:05cv739 MEMORANDUM OPINION REGARDING VENUE Plaintiff Artie Scott, III, an inmate confined in the Hughes Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. 1983 against Officer Byrd, Sergeant Shook and Lieutenant Patrick. employed at the Hughes Unit. Analysis The Civil Rights Act, 42 U.S.C. 1981, et. seq., under which this case is brought, does not contain a specific venue provision. Accordingly, venue in civil rights cases is Jones v. Bales, 58 F.R.D. 453 The defendants are controlled by 28 U.S.C. 1391. (N.D. Ga. 1972), aff'd per curiam, 480 F.2d 805 (5th Cir. 1973). When, as in this case, jurisdiction is not founded solely on diversity of citizenship, 28 U.S.C. 1391 provides that venue is proper only in the judicial district where the defendants reside or in which the claim arose. Plaintiff's claim arose in Coryell County, where the Hughes Unit is located. Coryell County. In addition, the defendants appear to reside in Pursuant to 28 U.S.C. 124, Coryell County is Dockets.Justia.com Case 1:05-cv-00739-TH-ESH Document 3 Filed 11/08/2005 Page 2 of 2 located in the Waco Division of the United States District Court for the Western District of Texas. As Coryell County is located in the Western District of Texas, venue in the Eastern District of Texas is not proper. When venue is not proper, the court "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." 1406(a). Accordingly, this case should be transferred to the Waco Division of the United States District Court for the Western District of Texas. A Transfer Order shall be entered in 28 U.S.C. accordance with this Memorandum Opinion. Hello This is a Test SIGNED this 8 day of November , 2005. EARL S. HINES UNITED STATES MAGISTRATE JUDGE 2

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