Neighbors v. Myer

Filing 3

MEMORANDUM OPINION Regarding Venue. Signed by Magistrate Judge Keith F. Giblin on 6/28/13. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
NATHAN DARRELL NEIGHBORS

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VS.

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RALPH MYER

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CIVIL ACTION NO. 1:13cv397

MEMORANDUM OPINION REGARDING VENUE
Plaintiff Nathan Darrell Neighbors, an inmate currently confined in the Stiles 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 Ralph Myer, an attorney for Lehigh, Inc.
The above-styled action was referred to the undersigned magistrate judge pursuant to 28
U.S.C. § 636 and the Amended Order for the Adoption of Local Rules for the Assignment of Duties
to the United States Magistrate Judge for findings of fact, conclusions of law, and recommendations
for the disposition of the case.
Factual Background
Plaintiff claims defendant Myer knew the rope from Home Depot was purchased at 1151
Bridgewood Drive in Fort Worth, Texas. Plaintiff claims Myer knew he was at Home Depot on the
night of the robbery, and he was put in jail so they could not have a trial. Plaintiff claims there was
a conspiracy to make sure he did not go to trial.
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 curium, 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 claims arose in Fort Worth, Texas. Fort Worth is located in
Tarrant County, Texas which is in the Northern District of Texas. Further, while plaintiff does not
state an address for the defendant, defendant Myer apparently resides in Fort Worth, Texas where
the claim arose.
Pursuant to 28 U.S.C. § 124, Tarrant County is in the Fort Worth Division of the Northern
District of Texas. As Tarrant 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." 28 U.S.C. § 1406(a). This
case should be transferred to the Northern District of Texas, Fort Worth Division. An appropriate
order so providing will be entered by the undersigned.
Hello This is a Test
SIGNED this 28 day of

June

, 2013.

KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE

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