Price et al v. Anderson et al

Filing 4

MEMORANDUM OPINION Regarding Transfer. Signed by Magistrate Judge Keith F. Giblin on 6/17/19. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JASON PRICE

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VS.

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WENDY ANDERSON, ET AL.

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CIVIL ACTION NO. 1:19cv224

MEMORANDUM ORDER REGARDING TRANSFER
Plaintiff Jason Price, an inmate confined at the MTC/East Texas Treatment Facility,
proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983 against Wendy
Anderson and the Management Training Corporation.
The above-styled action was referred to the undersigned United States Magistrate Judge
pursuant to 28 U.S.C. 636 and the Local Rules for the Assignment of Duties to United States
Magistrates.
Analysis
Plaintiff claims the defendants have conspired to prolong his confinement in violation of his
constitutional rights.
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 in civil rights cases is controlled by 28
U.S.C. § 1391. Jones v. Bailey, 58 F.R.D. 453 (N.D. Ga. 1972), aff’d per curium, 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 states the defendants are both located at the MTC/East Texas
Treatment Facility located in Henderson, Texas.
The claims which form the basis of plaintiff’s complaint occurred at the MTC/East Texas
Treatment Facility located in Henderson, Texas. As the events of which plaintiff complains took
place at the MTC/East Texas Treatment Facility, plaintiff’s claims arose in Henderson, Texas. In
addition, the defendants in this action are both located at the MTC/East Texas Treatment Facility in
Henderson, Texas. The city of Henderson, Texas is located in Rusk County, Texas. When public
officials are parties to an action in their official capacities, they reside for venue purposes in the
county where they perform their official duties, which in this case is Rusk County. Holloway v.
Gunnell, 685 F.2d 150 (5th Cir. 1982); Lowrey v. Estelle, 433 F.2d 265 (5th Cir. 1976). Pursuant
to 28 U.S.C. § 124, Rusk County is located in the Tyler Division of the United States District Court
for the Eastern District of Texas. As a result, venue is proper in the Eastern District of Texas.
While Rusk County is in the Eastern District of Texas, it is located in the Tyler Division of
the district, rather than the Beaumont Division. When a case is filed in the wrong district or division,
the court “shall dismiss, or if it be in the interest 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 of the United States District Court for the Southern District
of Texas pursuant to Section 1406(a)).

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Accordingly, this case should be transferred to the Tyler Division of this court. A Transfer
Order shall be entered in accordance with this Memorandum Opinion.

SIGNED this the 17th day of June, 2019.

____________________________________
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE

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