Thomas v. Jackson
Filing
2
MEMORANDUM OPINION regarding venue. Signed by Magistrate Judge Earl S. Hines on 6/28/2011. (bjc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
DESTRY E. THOMAS
§
VS.
§
B.H. JACKSON
§
CIVIL ACTION NO. 1:11cv206
MEMORANDUM OPINION REGARDING VENUE
Plaintiff Destry E. Thomas, an inmate confined in the Estelle
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 B.H. Jackson, a lieutenant at
the Estelle 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 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, 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.
The Estelle Unit is located in Walker County, Texas. Pursuant
to 28 U.S.C. § 124, Walker County is located in the Houston
Division of the Southern District of Texas.
Plaintiff complains about events which occurred at the Estelle
Unit. According, his claims against the defendant arose in Walker
County.
Moreover, the defendant appears to reside in Walker
County. As Walker County is located in the Houston Division of the
Southern District of Texas, venue with respect to plaintiff's claim
is not proper in the Eastern District of Texas.
When a case is
filed in the wrong district or division, 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."
28
U.S.C. § 1406(a).
Accordingly, plaintiff's claim will be transferred to the
Houston 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
SIGNED this
28
June
day of
, 2011.
EARL S. HINES
UNITED STATES MAGISTRATE JUDGE
2
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