Guevara v. Paul et al
MEMORANDUM OPINION and Order transferring this action to the Tyler Division of this court. Signed by Magistrate Judge Keith F. Giblin on 3/23/17. (tkd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
JUVENAL GUEVARA, JR.
OFFICER PAUL, ET AL
CIVIL ACTION NO. 1:17cv83
MEMORANDUM OPINION AND ORDER
Juvenal Guevara, Jr., an inmate confined in the Skyview Unit of the Texas Department of
Criminal Justice, Correctional Institutions Division, brings this civil rights action.
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. Jones
v. Bailey, 58 F.R.D. 453 (N.D. Ga. 1972), aff'd per curiam, 480 F.2d 805 (5th Cir. 1973).
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 Michael Unit, which is located in
Anderson County. As the actions taken by the defendants were taken in Anderson County, the claim
against them arose in Anderson County. Pursuant to 28 U.S.C. § 124, Anderson County is located
in the Eastern District of Texas. As a result, venue regarding plaintiff’s claim is proper in this court.
However, while Anderson County is in the Eastern District of Texas, it is in the Tyler
Division, rather than the Beaumont 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). See Kreimerman v. Casa Veerkamp, S.A.
de C.V., 22 F.3d 634 (5th Cir. 1994) (remanding the case to the Houston Division of the United
States District Court for the Southern District of Texas, with instructions that the case be transferred
to the McAllen Division pursuant to Section 1406(a)). Accordingly, plaintiff's claim will be
transferred to the Tyler Division of this court.
For the reasons set forth above, it is ORDERED that this matter is transferred to the Tyler
Division of this court.
SIGNED this the 23rd day of March, 2017.
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE
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