Mozee v. Goodall et al
Filing
6
MEMORANDUM OPINION AND ORDER. This civil rights action is TRANSFERRED to the Lufkin Division of the United States District Court for the Eastern District of Texas. Signed by Magistrate Judge Christine L. Stetson on 4/1/2024. (KMH)
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
PATRICK MOZEE
§
VS.
§
WARDEN J. GOODALL, ET AL.
§
CIVIL ACTION NO. 1:24-CV-72
MEMORANDUM OPINION AND ORDER
Plaintiff Patrick Mozee, a prisoner 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 against employees of the Gib Lewis Unit.
Discussion
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 interest 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 interests 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 the 1st day of April, 2024.
___________________________________
Christine L Stetson
UNITED STATES MAGISTRATE JUDGE
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