Hardy v. Gonzalez et al

Filing 3

MEMORANDUM OPINION Regarding Venue. Signed by Magistrate Judge Keith F. Giblin on 12/11/12. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
DAVID MARK HARDY

§

VS.

§

ERNEST GONZALEZ, ET AL.

§

CIVIL ACTION NO. 1:12cv559

MEMORANDUM OPINION REGARDING VENUE
Plaintiff David Mark Hardy, an inmate confined at the Federal
Correctional Institution in Beaumont, Texas, proceeding pro se,
filed this lawsuit pursuant to the Racketeer Influenced and Corrupt
Organizations Act (“RICO”), 18 U.S.C. § 1964, against several
individual defendants.
Title 18 U.S.C. § 1965(a) provides that any civil action or
proceeding brought pursuant to the RICO act against any person may
be instituted in the district court of the United States for any
district in which such person resides, is found, has an agent, or
transacts his affairs.
The individuals named as defendants in this lawsuit appear to
predominantly reside in Lamar County, Texas. As a result, venue is
proper in this court.

However, Lamar County is located within the

Sherman Division of this court, rather than the Beaumont Division.
None of the defendants appear to reside in a county located within
the Beaumont Division or appear to have an agent or conduct his or
her affairs within the Beaumont Division. As a result, this matter

will be transferred to the Sherman Division of this court.

A

transfer order so providing shall be entered.
Hello This is a Test
SIGNED this 11

December

day of

, 2012.

KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE

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