Summers v. Livingston et al

Filing 4

MEMORANDUM OPINION and Order transferring this civil rights action to the Lufkin Division of the US District Courts for the Eastern District of TX. Signed by Magistrate Judge Zack Hawthorn on 4/8/14. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
ANTHONY LEON SUMMERS

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VS.

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BRAD LIVINSTON, ET AL.

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CIVIL ACTION NO. 1:14cv159

MEMORANDUM OPINION AND ORDER
Plaintiff Anthony Leon Summers, an inmate confined at the Gib Lewis Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this
civil rights action pursuant to 42 U.S.C. § 1983
Discussion
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. However, under 28 U.S.C. § 1404(a), for the convenience of
parties and witnesses and in the interests of justice, a district court may transfer any civil action
to any other district or division where it could have been brought. Such a transfer may be done
sua sponte and is reviewable only for an abuse of discretion. Mills v. Beech Aircraft Corp., 886
F.2d 758, 761 (5th Cir. 1989).

Plaintiff complains about incidents that took place at the Gib Lewis Unit, which is located
in the Lufkin Division of the United States District Court for the Eastern District of Texas.
However, this case was filed in the Beaumont Division. The court has considered the
circumstances and determined that the interest of justice would be served if the complaint were
transferred to the division in which the claims arose. It is accordingly
ORDERED that this civil rights action is TRANSFERRED to the Lufkin Division of
the United States District Court for the Eastern District of Texas.
SIGNED this 8th day of April, 2014.

_________________________
Zack Hawthorn
United States Magistrate Judge

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