Nelson v. Preston Smith Unit

Filing 2

MEMORANDUM OPINION regarding transfer. Plaintiff complains of incidents that took place at the Preston Smith Unit. The Preston Smith Unit is located in the Lubbock Division of the USDC N/D Tx. The court has considered the circumstances and has det ermined that the interest of justice would best be served if the complaint were transferred to the distict in which the claims arose. The case should be transferred to the Northern District of Texas. Signed by Judge Keith F. Giblin on 10/23/06. (mrp, )

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Nelson v. Preston Smith Unit Doc. 2 Case 1:06-cv-00642-MAC-KFG Document 2 Filed 10/23/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION DEKENYA NELSON VS. PRESTON SMITH UNIT CIVIL ACTION NO. 1:06-CV-642 MEMORANDUM OPINION REGARDING TRANSFER Plaintiff Dekenya Nelson, a prisoner currently confined at the Estelle Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. 1983 against the medical department of the Preston Smith Unit. Discussion 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 controlled by 28 U.S.C. 1391. Jones v. Bailey, 58 F.R.D. 453 (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, Section 1391 provides that venue is proper only in the judicial district where the defendants reside or in which the claim arose. However, under 28 U.S.C. 1404(a), for the convenience of parties and witnesses and in the interest of justice, a district court may transfer any civil action to any other district or division where it could have been brought. Such a transfer may be done sua sponte and is reviewable only for an abuse of discretion. Mills v. Beech Aircraft Corp., 886 F.2d 758, 761 (5th Cir. 1989). Dockets.Justia.com Case 1:06-cv-00642-MAC-KFG Document 2 Filed 10/23/2006 Page 2 of 2 Plaintiff complains of incidents that took place at the Preston Smith Unit. The Preston Smith Unit is located in the Lubbock Division of the United States District Court for the Northern District of Texas. The court has considered the circumstances and has determined that the interest of justice would best be served if the complaint were transferred to the district in which the claims arose. Therefore, the case should be transferred to the Northern District of Texas. An order so providing will be entered by the undersigned. Hello This is a Test SIGNED this 23 day of October , 2006. KEITH F. GIBLIN UNITED STATES MAGISTRATE JUDGE 2

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