Newsome v. Uy et al

Filing 3

MEMORANDUM OPINION REGARDING VENUE. Plaintiff complains of events which occurred at the Clements Unit, which is in Potter County. As Potter County is located in the N/D Tx, venue in the E/D Tx is not proper. Accordingly, this case should be transferred to the Amarillo Division of the USDC N/D Tx. Signed by Magistrate Judge Earl S. Hines on 6/28/10. (mrp, )

Newsome v. Uy et al

Doc. 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION EDWARD ROY NEWSOME VS. DOCTOR UY, ET AL § § § CIVIL ACTION NO. 1:10cv336

MEMORANDUM OPINION REGARDING VENUE Plaintiff Edward Roy Newsome, an inmate confined in the Clements Unit of the Texas Department of Criminal Justice, Institutional Division, proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983 against Dr. Uy, S. Tenorio, Ms. Chavez, Captain Fuller and Ms. Skinner. defendants are employed at the Clements 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 conJones v. Bales, 58 F.R.D. 453 (N.D. The

trolled by 28 U.S.C. § 1391.

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.

Dockets.Justia.com

Plaintiff complains of events which occurred at the Clements Unit, which is in Potter County. tiff's claims arose in Potter County. As a result, plain-

In addition, the defenPursuant to 28 U.S.C.

dants appears to reside in Potter County.

§ 124, Potter County is located in the Amarillo Division of the United States District Court for the Northern District of Texas. As Potter County is located in the Northern 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 Amarillo Division of the United States District Court for the Northern 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

28

day of

June

, 2010.

EARL S. HINES UNITED STATES MAGISTRATE JUDGE 2