Grohoske v. Fontner et al

Filing 4

MEMORANDUM OPINION AND ORDER. This civil rights action is TRANSFERRED to the Tyler Division of the United States District Court for the Eastern District of Texas. Signed by Magistrate Judge Zack Hawthorn on 4/12/17. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
DAVID LESTER GROHOSKE

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VS.

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LONI FONTNER, ET AL.

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CIVIL ACTION NO. 9:17-CV-58

MEMORANDUM OPINION AND ORDER
Plaintiff David Lester Grohoske, a prisoner confined at the Michael 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 against Loni Fontner, Sergeant Cunningham, Lieutenant
Enge, Monicela Rendon, and an unidentified nurse.
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. 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, § 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 interest of justice, a district court may transfer any civil action to any other district 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’s claims arose at the Michael Unit in Anderson County, Texas, which is located in
the Tyler Division of the Eastern District of Texas. The court has considered the circumstances and
has determined that the interest of justice would be served by transferring the complaint to the Tyler
Division. It is accordingly
ORDERED that this civil rights action is TRANSFERRED to the Tyler Division of the
United States District Court for the Eastern District of Texas.
SIGNED this 12th day of April, 2017.

_________________________
Zack Hawthorn
United States Magistrate Judge

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