Hennington v. Edwards

Filing 3

MEMORANDUM OPINION AND ORDER. This matter is transferred to the Tyler Division of this court. Signed by Magistrate Judge Zack Hawthorn on 9/24/20. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
CLIFTON B. HENNINGTON

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VS.

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FREDRIC EDWARDS

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CIVIL ACTION NO. 9:20cv169

MEMORANDUM OPINION AND ORDER
Clifton B. Hennington, an inmate confined in the Beto Unit of the Texas Department of
Criminal Justice, Correctional Institutions Division, brings this civil rights action against Fredric
Edwards, a captain at the Beto Unit.
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 Beto Unit, which is located in Anderson
County. In addition, the defendant appears 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 Lufkin Division. None of the events complained of in this lawsuit occurred
within the Lufkin Division. Nor does the defendant reside in the Lufkin 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, 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 24th day of September, 2020.

_________________________
Zack Hawthorn
United States Magistrate Judge

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