Vaughn v. Blanchard

Filing 3

MEMORANDUM OPINION regarding venue. Signed by Magistrate Judge Keith F. Giblin on 4/9/2014. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
GARY VAUGHN

§

VS.

§

WARDEN BLANCHARD, ET AL

§

CIVIL ACTION NO. 9:14cv46

MEMORANDUM OPINION REGARDING VENUE
Plaintiff Gary Vaughn, an inmate confined in the Hughes 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 Warden Blanchard and
Warden Butcher.

The defendants are employed at the Hughes 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 in civil rights cases is controlled by 28 U.S.C.
§ 1391.

Jones v. Bales, 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 where the defendants reside or
in which the claim arose.
Plaintiff's claim arose in Coryell County, where the Hughes
Unit is located.

In addition, the defendants appear to reside in

Coryell County.

Pursuant to 28 U.S.C. § 124, Coryell County is

located in the Waco Division of the United States District Court
for the Western District of Texas.

As Coryell County is located in the Western District of Texas,
venue in the Eastern District of Texas is not proper.

When venue

is not proper, 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 Waco
Division of the United States District Court for the Western
District of Texas. A Transfer Order shall be entered in accordance
with this Memorandum Opinion.
Hello This is a Test
SIGNED this

9

April

day of

, 2014.

KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE

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