Valentinis-Dee v. McMannis et al

Filing 7

MEMORANDUM OPINION and Order transferring this action to the Houston Division of the US District Court for the Southern District of TX. Signed by Magistrate Judge Zack Hawthorn on 9/24/24. (tkd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JAMES VALENTINIS-DEE

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VS.

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TREVON MCMANNIS, ET AL.

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CIVIL ACTION NO. 1:24-CV-325

MEMORANDUM OPINION AND ORDER
Plaintiff James Valentinis-Dee, a prisoner confined at the Montgomery County Jail,
proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Trevon
McMannis, the Montgomery County Jail, the Montgomery County Sheriff Department, and Brenda
C. Farhi.
Discussion
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).
Montgomery County is located in the Houston Division of the United States District Court
for the Southern 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, this action should be transferred to the Southern District of Texas. It
is accordingly

ORDERED that this civil rights action is TRANSFERRED to the Houston Division of the
United States District Court for the Southern District of Texas.
SIGNED this 24th day of September, 2024.

_________________________
Zack Hawthorn
United States Magistrate Judge

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