Barnes v. Willacy County State Jail

Filing 3

MEMORANDUM OPINION and ORDER that this civil rights action is TRANSFERRED to the Brownsville Division of the United States District Court for the Southern District of Texas. Signed by Magistrate Judge Zack Hawthorn on 1/5/25. (kcv) (USPS with ack card on 1/7/25).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
WILLIE LEON BARNES

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VS.

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WILLACY COUNTY STATE JAIL

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CIVIL ACTION NO. 1:24-CV-508

MEMORANDUM OPINION AND ORDER
Plaintiff Willie Leon Barnes, a prisoner currently confined at the Willacy County State Jail,
proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against the Willacy
County State Jail.
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. 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).
Willacy County is located in the Brownsville 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 Brownsville Division of
the United States District Court for the Southern District of Texas.
SIGNED this 5th day of January, 2025.

_________________________
Zack Hawthorn
United States Magistrate Judge

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