Robinson v. UTMB et al
Filing
15
MEMORANDUM OPINION REGARDING TRANSFER. This civil rights action is TRANSFERRED to the Beaumont Division of the United States District Court for the Eastern District of Texas. Plaintiff's pending motions are DENIED without prejudice to plaintiff's ability to reurge the motions. Signed by Magistrate Judge Zack Hawthorn on 9/30/21. (ljw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
SCOTT RODNEY ROBINSON, JR.
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VS.
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UTMB, ET AL.
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CIVIL ACTION NO. 9:21-CV-108
MEMORANDUM OPINION REGARDING TRANSFER
Plaintiff Scott Rodney Robinson, Jr., an inmate currently confined at the Gib Lewis 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 against the University of Texas Medical
Branch (UTMB), Warden Williams, Nurse Lori Walker, Nurse Bui, Lieutenant Lopez, Sergeant
Pouland, Sergeant Fondu, Officer Glubber, and Sergeant Taylor. The defendants are employed at
the Stiles Unit, where plaintiff was previously confined.
Discussion
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. 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 or division
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).
Plaintiff complains of incidents that occurred at the Stiles Unit. The Stiles Unit is located
in Jefferson County, which is in the Beaumont Division of the United States District Court for the
Eastern District of Texas. The court has considered the circumstances and has determined that the
interests of justice would be served by transferring this action to the division in which the claims
arose. Therefore, the case should be transferred to the Beaumont Division. It is accordingly
ORDERED that this civil rights action is TRANSFERRED to the Beaumont Division of
the United States District Court for the Eastern District of Texas. Plaintiff’s pending motions are
DENIED without prejudice to plaintiff’s ability to reurge the motions.
SIGNED this 30th day of September, 2021.
_________________________
Zack Hawthorn
United States Magistrate Judge
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