Gaddis v. TDCJ-CID
MEMORANDUM OPINION Regarding Venue. Signed by Magistrate Judge Zack Hawthorn on 1/22/13. (tkd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
EDDIE LEE GADDIS, JR.
CIVIL ACTION NO. 1:13cv19
MEMORANDUM OPINION REGARDING VENUE
Eddie Lee Gaddis, Jr., an inmate confined in the Eastham 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. Plaintiff complains about not receiving proper medical
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 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 or division where the
defendants reside or in which the claim arose.
Plaintiff complains of events which occurred at the Eastham Unit. The Eastham Unit is
located in Houston County, Texas. Plaintiff's claim therefore arose in Houston County. Pursuant
Plaintiff included his civil rights claim as part of a petition for writ of habeas corpus. The court
severed the civil rights claim, which was assigned the civil action number set forth above.
to 28 U.S.C. § 124, Houston County is located in the Eastern District of Texas. As a result,
venue is proper in this court.
However, while Houston County is in the Eastern District of Texas, it is in the Lufkin
Division of this 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 will be transferred to the Lufkin Division of this court. A Transfer
Order shall be entered in accordance with this Memorandum Opinion.
SIGNED this 22nd day of January, 2013.
United States Magistrate Judge
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