Watson v. Ward et al
MEMORANDUM OPINION REGARDING VENUE. Plaintiff's claim arose in Brazoria County, where the Ramsey I Unit is located. Brazoria County is located in the Galveston Division of the S/D Tx. Accordingly, this case should be transferred to the USDC S/D Tx. A Transfer Order will be entered separately. Signed by Magistrate Judge Earl S. Hines on 6/29/11. (mrp, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
J. WARD, ET AL
CIVIL ACTION NO. 1:11cv89
MEMORANDUM OPINION REGARDING VENUE
Plaintiff Shepard Watson, an inmate confined in the Duncan
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 J. Ward and C.
The defendants are employed at the Ramsey I Unit.
The Civil Rights Act, 42 U.S.C. § 1981, et. seq., under
which this case is brought, does not contain a specific venue
Accordingly, venue in civil rights cases is con-
trolled by 28 U.S.C. § 1391.
Jones v. Bales, 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, 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 Brazoria County, where the Ramsey
I Unit is located.
In addition, the defendants appear to reside
in Brazoria County.
Pursuant to 28 U.S.C. § 124(b)(1), Brazoria
County is located in the Galveston Division of the United States
District Court for the Southern District of Texas.
As Brazoria County is located in the Southern 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."
Accordingly, this case should be transferred to the
Galveston Division of the United States District Court for the
Southern District of Texas.
A Transfer Order shall be entered in
accordance with this Memorandum Opinion.
Hello This is a Test
EARL S. HINES
UNITED STATES MAGISTRATE JUDGE
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