Papari v. State of Texas

Filing 3

MEMORANDUM OPINION and ORDER transferring this action to the Lubbock Division of the US District Court for the Northern District of TX. Signed by Magistrate Judge Zack Hawthorn on 11/24/14. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
DARYOUSH PAPARI

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VS.

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STATE OF TEXAS

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CIVIL ACTION NO. 1:14-CV-565

MEMORANDUM OPINION AND ORDER
Plaintiff Daryoush Papari, a prisoner confined at the Smith Unit of the Texas Department of
Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil rights action
pursuant to 42 U.S.C. § 1983. Plaintiff contends his constitutional rights were violated at the Smith
Unit.
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).

The Smith Unit is located in the Lubbock Division of the United States District Court for the
Northern District of Texas. The court has considered the circumstances and has determined that the
interests of justice would be served if the complaint were transferred to the district in which the
claims arose. Therefore, the case should be transferred to the Northern District of Texas. It is
accordingly
ORDERED that this civil rights action is TRANSFERRED to the Lubbock Division of the
United States District Court for the Northern District of Texas.
SIGNED this 24th day of November, 2014.

_________________________
Zack Hawthorn
United States Magistrate Judge

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