Neighbors v. Johnson
MEMORANDUM OPINION regarding venue. Signed by Magistrate Judge Keith F. Giblin on 7/2/2013. (bjc)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
NATHAN D. NEIGHBORS
CIVIL ACTION NO. 1:13cv403
MEMORANDUM OPINION REGARDING VENUE
Plaintiff Nathan D. Neighbors, an inmate 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 Ashley
Plaintiff states the defendant was part of a conspiracy
Based on other cases filed with the court, the
conspiracy appears to have involved a proceeding in Criminal
District Court No. 1 of Tarrant County, Texas.
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 defendant resides
or in which the claim arose.
Plaintiff's claim arose in Tarrant County, where the events
at issue occurred.
Pursuant to 28 U.S.C. § 124, Tarrant County
is located in the Fort Worth Division of the United States
District Court for 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. §
Accordingly, this case should be transferred to the Fort
Worth Division of the United States District Court for the
Northern District of Texas.
A Transfer Order shall be entered in
accordance with this Memorandum Opinion.
Hello This is a Test
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE
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