Watson v. Collier et al

Filing 3

MEMORANDUM OPINION AND ORDER. This matter is transferred to the Beaumont Division of this court. Signed by Magistrate Judge Keith F. Giblin on 6/3/21. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
ERIC WATSON

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VS.

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BRYAN COLLIER, ET AL.

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CIVIL ACTION NO. 9:21cv86

MEMORANDUM OPINION AND ORDER
Eric Watson, an inmate confined in the Eastham 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.
Analysis
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 is controlled by 28 U.S.C. § 1391.
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.
Plaintiff complains of events which occurred at the Stiles Unit, which is located in Jefferson
County, Texas. Pursuant to 28 U.S.C. § 124, Jefferson County is located in the Eastern District of
Texas. As a result, venue regarding plaintiff’s claims is proper in this court.
However, while Jefferson County is in the Eastern District of Texas, it is in the Beaumont
Division, rather than the Lufkin Division. None of the events complained of in this lawsuit occurred
within the Lufkin Division. Nor do any of the individual defendants reside in the Lufkin Division.
When a case is filed in the wrong division, 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). Accordingly, this case will be transferred to the Beaumont Division of this court.

ORDER
For the reasons set forth above, it is ORDERED that this matter is transferred to the
Beaumont Division of this court.

SIGNED this the 3rd day of June, 2021.

____________________________________
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE

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