Brown v. Rusk County Prosecutor et al
Filing
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MEMORANDUM OPINION and Order transferring this matter to the Tyler Division of this court. Signed by Magistrate Judge Keith F. Giblin on 11/5/19. (tkd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JIMMIE LEWIS BROWN
§
VS.
§
RUSK COUNTY PROSECUTOR, ET AL.
§
CIVIL ACTION NO. 1:19cv496
MEMORANDUM OPINION AND ORDER
Jimmie Lewis Brown, an inmate confined in the Wynne Unit of the Texas Department of
Criminal Justice, Correctional Institutions Division, brings this civil rights action against several
defendants.
Analysis
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. Bales, 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 in Rusk County, Texas. Plaintiff claims
therefore arose in Rusk County. In addition, the individual defendants appear to reside in Rusk
County. Pursuant to 28 U.S.C. § 124, Rusk County is located in the Eastern District of Texas. As
a result, venue regarding plaintiff’s claims is proper in this court. However, while Rusk 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). Accordingly, this lawsuit will be transferred to the Tyler Division of this court.
ORDER
For the reasons set forth above, it is ORDERED that this matter is transferred to the Tyler
Division of this court.
SIGNED this the 5th day of November, 2019.
____________________________________
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE
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