Gladney v. United States of America, et al

Filing 36

MEMORANDUM AND ORDER that plaintiff's claims against the defendants listed above are severed and transferred to the United States District Court for the District of Arizona. Signed by Magistrate Judge Zack Hawthorn on 8/4/2020. (bjc, )

Case 1:18-cv-00293-TH-ZJH Document 36 Filed 08/04/20 Page 1 of 2 PageID #: 134

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
EDWARD J. GLADNEY

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VS.

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UNITED STATES OF AMERICA, ET AL.

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CIVIL ACTION NO. 1:18cv293

MEMORANDUM OPINION AND ORDER REGARDING SEVERANCE
Plaintiff Edward J. Gadney has filed a motion to add defendants. The court construes the
motion as an amended complaint. In his motion, plaintiff adds the following individuals, who are
employed at the United States Penitentiary at Tuscon, Arizona, as defendants: Officer D. Madrid,
Lieutenant Van Devender, Captain D. McWhorter, Case Manager K. Lewis, Nurse M. Norgren,
Disciplinary Hearing Officer J. Ciufo, Warden J.T. Shartle and Jose Santana.
The claims against these individuals are asserted pursuant to Bivens v. Six Unknown Agents
of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). Venue in a Bivens action is governed by
28 U.S.C. § 1391(b). Stafford v. Briggs, 444 U.S. 527, 542 (1980). This section states venue is
proper in any district where a defendant resides, if all defendants are residents of the state in which
the district is located, or in a district in which a substantial part of the events giving rise to the claims
occurred.
Plaintiff’s claims against the defendants listed above arose out of events that occurred in
Arizona. In addition, all but one of such defendants appear to reside in Arizona. These claims do
not involve events the occurred in the Eastern District of Texas and the additional defendants do not
reside in the Eastern District. As a result, venue with respect to the claims against these defendants
is not proper in this court. When a case or claim is filed in the wrong district, the court “shall
dismiss, or if it be in the interests of justice, transfer such case to any district or division in which
it could have been brought.” 28 U.S.C. § 1406(a).

Case 1:18-cv-00293-TH-ZJH Document 36 Filed 08/04/20 Page 2 of 2 PageID #: 135

ORDER
Accordingly, it is ORDERED that plaintiff's claims against the defendants listed above are
SEVERED and TRANSFERRED to the United States District Court for the District of Arizona.

SIGNED this 4th day of August, 2020.

_________________________
Zack Hawthorn
United States Magistrate Judge

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