Sheppard v. Lucas et al

Filing 3

MEMORANDUM OPINION Regarding Transfer. Signed by Magistrate Judge Christine L. Stetson on 9/28/21. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
CURTIS LEE SHEPPARD

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VS.

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MAJOR LUCAS, ET AL.

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CIVIL ACTION NO. 1:21-CV-474

MEMORANDUM OPINION REGARDING TRANSFER
Plaintiff Curtis Lee Sheppard, an inmate confined at the Michael Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, brings this
civil rights action pursuant to 42 U.S.C. § 1983 against Major Lucas, Captain Light, Warden Collins,
Warden Babcock, and Warden Meador, all employed at the Michael Unit.
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 the United States
Magistrate Judge.
Discussion
Plaintiff brings this lawsuit concerning an incident which occurred at the Michael Unit on
October 16, 2020.
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. When, as in this case, jurisdiction is not founded solely on diversity of citizenship,
28 U.S.C. § 1391(b) provides that venue is proper only in the judicial district where the defendants
reside or in which the claims arose.

The claims which form the basis of Plaintiff’s complaint occurred at the Michael Unit. The
Michael Unit is located in Anderson County, Texas. In addition, the defendants in this action are
all employed at the Michael Unit. Pursuant to 28 U.S.C. § 124, Anderson County is located in the
Tyler Division of the United States District Court for the Eastern District of Texas. As a result,
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venue is proper in the Eastern District of Texas.
While Anderson County is within the jurisdictional boundaries of 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). Accordingly, this case should be transferred to the Tyler Division of this court. An
appropriate order so providing will be entered by the undersigned.

SIGNED this the 28th day of September, 2021.

___________________________________
Christine L Stetson
UNITED STATES MAGISTRATE JUDGE

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