Williams v. Unknown Federal Agents et al
MEMORANDUM OPINION REGARDING TRANSFER. The claims in this action should be transferred to the Middle District of Pennsylvania. An appropriate order so providing will be entered by the undersigned. Signed by Magistrate Judge Keith F. Giblin on 5/6/15. (mrp, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DEWAYNE WILLIAMS
UNKNOWN FEDERAL AGENTS, et al.,
CIVIL ACTION NO. 1:15-CV-160
MEMORANDUM OPINION REGARDING TRANSFER
Plaintiff, Marshall Dewayne Williams, an inmate confined at the Federal Correctional
Complex in Beaumont, Texas, proceeding pro se, brings this civil rights complaint against Unknown
Federal Agents and the United States of America.
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.
Plaintiff complains that the defendants subjected him to various acts of torture while he was
confined in Lewisburg, Pennsylvania during 2010 and 2012.
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, 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. Here, plaintiff
complains of alleged constitutional violations which occurred at a facility in Lewisburg,
Pennsylvania. Further, the defendants are located in Lewisburg, Pennsylvania. When public
officials are parties to an action in their official capacities, they reside for venue purposes in the
county where they perform their officials duties, which in this case is Lewisburg, Union County,
Pennsylvania. Holloway v. Gunnell, 685 F.2d 150 (5th Cir. 1982); Lowrey v. Estelle, 433 F.2d 265
(5th Cir. 1976).
Pursuant to 28 U.S.C. § 118, Union County is located within the jurisdictional boundaries
of the United States District Court for the Middle District of Pennsylvania. Accordingly, venue for
such claims is not proper in the Eastern District of Texas.
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). The claims in this action should be transferred to the Middle District of Pennsylvania. An
appropriate order so providing will be entered by the undersigned.
Hello This is a Test
SIGNED this the ___ day of ______________________________, 2015.
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE.
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