Williams v. Texas Dept of Criminal Justice ID

Filing 6

MEMORANDUM ORDER Regarding Transfer. Signed by Magistrate Judge Keith F. Giblin on 7/2/12. (tkd, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION ROCKY BLAKE WILLIAMS § VS. § T.D.C.J. -I.D. § CIVIL ACTION NO. 1:12cv277 MEMORANDUM ORDER REGARDING TRANSFER Plaintiff Rocky Blake Williams, an inmate confined at the Gib Lewis Unit located in Woodville, Texas, proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983 against the Texas Department of Criminal Justice - Institutional Division. The above-styled action was referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. 636 (b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United States Magistrates. Analysis Plaintiff complains that he has been inappropriately housed in administrative segregation because he is considered a security threat. 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. The claims which form the basis of plaintiff's complaint occurred in Tyler County. Pursuant to 28 U.S.C. § 124, Tyler County is located in the Eastern District of Texas. As a result, venue is proper in the Eastern District of Texas. However, while Tyler County is in the Eastern District of Texas, it is in the Lufkin Division of such district, rather than the Beaumont Division.1 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)). Accordingly, this case should be transferred to the Lufkin Division of this court. A Transfer Order shall be entered in accordance with this Memorandum Opinion. Hello This is a Test SIGNED this 2 day of , 2012. July KEITH F. GIBLIN UNITED STATES MAGISTRATE JUDGE 1 This lawsuit was originally filed in the United States District Court for the Southern District of Texas. The court inadvertently transferred the action to the Beaumont division instead of the Lufkin division.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?