Martin v. Michael Unit Medical Infirmary et al

Filing 3

MEMORANDUM OPINION and ORDER transferring this action to the Tyler Division of the Eastern District of TX. Signed by Magistrate Judge Keith F. Giblin on 1/27/2020. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JOHN MARTIN

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VS.

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MICHAEL UNIT MED. INFIRMARY

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CIVIL ACTION NO. 1:20cv6

MEMORANDUM OPINION AND ORDER
John Martin, an inmate confined in the LeBlanc Unit of the Texas Department of Criminal
Justice, Correctional Institutions Division, brings this civil rights action.
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.
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. In addition, the defendants appear to reside in Anderson County. Plaintiff’s
claims concerning such events therefore 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
claims 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. None of the events complained of in this lawsuit
occurred within the Beaumont Division. Nor do any of the defendants reside in 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

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U.S.C. § 1406(a). Accordingly, plaintiff's claims 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 27th day of January, 2020.

____________________________________
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE

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