Ingram v. Borger Police Department et al

Filing 3

MEMORANDUM OPINION regarding transfer. Ordered that this civil rights action is transferred to the Amarillo Division of the United States District Court for the Northern District of Texas. Signed by Magistrate Judge Keith F. Giblin on 10/29/2013. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
STEVEN INGRAM

§

VS.

§

BORGER POLICE DEP’T, ET AL.

§

CIVIL ACTION NO. 1:13-CV-615

MEMORANDUM OPINION REGARDING TRANSFER
Plaintiff Steven Ingram, an inmate confined at the Larry Gist State Jail, proceeding pro se,
brings this civil rights action pursuant to 42 U.S.C. § 1983 against the Borger Police Department,
unidentified police officers employed by the Borger Police Department, unidentified jailers
employed by Hutchinson County, and the Chief of the Sheriff’s Department.
Discussion
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, § 1391
provides that venue is proper only in the judicial district where the defendants reside or in which the
claim arose. However, under 28 U.S.C. § 1404(a), for the convenience of parties and witnesses and
in the interest of justice, a district court may transfer any civil action to any other district where it
could have been brought. Such a transfer may be done sua sponte and is reviewable only for an
abuse of discretion. Mills v. Beech Aircraft Corp., 886 F.2d 758, 761 (5th Cir. 1989).
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Plaintiff complains of events that occurred in Hutchinson County, Texas. The events that
form the basis of the complaint did not occur within the Eastern District of Texas, nor do the
defendants reside here. As a result, the Eastern District of Texas is not the proper venue for this
action. The court has considered the circumstances and has determined that the interests of justice
would be served by transferring the case to the district where the claims arose. It is accordingly
ORDERED that this civil rights action is TRANSFERRED to the Amarillo Division of the
United States District Court for the Northern District of Texas.
Hello This is a Test
SIGNED this

29

October

day of

, 2013.

___________________________________
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE

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