Fails v. Cage

Filing 3

MEMORANDUM OPINION REGARDING VENUE. This case should be transferred to the Houston Division of the USDC S/D Tx. Signed by Magistrate Judge Zack Hawthorn on 3/26/13. (mrp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JOHN D. FAILS

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VS.

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TOMMY CAGE

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CIVIL ACTION NO. 1:13cv163

MEMORANDUM OPINION REGARDING VENUE
Plaintiff John D. Fails, an inmate confined at the Larry Gist 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 Tommy Cage, the sheriff of Montgomery County,
Texas.
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. 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 complains of events which occurred in Montgomery County. In addition, the
defendant resides in Montgomery County. Pursuant to 28 U.S.C. § 124, Montgomery County is
located in the Houston Division of the Southern District of Texas, rather than in the Eastern
District.

As Montgomery 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." 28 U.S.C. § 1406(a).
Accordingly, this case should 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.
SIGNED this 26th day of March, 2013.

_________________________
Zack Hawthorn
United States Magistrate Judge

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