Martinez v. Flores et al

Filing 111

ORDER denying 98 Motion to Transfer Venue.(Signed by Magistrate Judge Brian L Owsley) Parties notified.(mserpa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
JORGE ALBERTO MARTINEZ
v.
OFFICER FLORES, ET AL.

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C.A. NO. C-11-081

ORDER DENYING PLAINTIFF’S MOTION TO TRANSFER VENUE
This civil rights action was filed by an individual pursuant to 42 U.S.C. § 1983 alleging
excessive force during an arrest. (D.E. 1). After filing this action, plaintiff was convicted by a
jury of assaulting a public servant. (D.E. 49, at 1). Pending is plaintiff’s motion to transfer
venue to the Houston Division. (D.E. 98).
A civil action wherein jurisdiction is not founded solely on diversity of citizenship may
be brought in (1) a judicial district where any defendant resides, if all defendants reside in the
same state, or (2) a judicial district in which a substantial part of the events or omissions giving
rise to the claim occurred. 28 U.S.C. § 1391(b). In addition, 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 might have been brought. 28 U.S.C. § 1404(a).
In this case, defendants work in Nueces County, Texas, which lies within the Corpus
Christi Division of the Southern District of Texas. 28 U.S.C. § 124(b)(6). Venue is proper in
this division. Moreover, on April 24, 2012, defendants’ motions for summary judgment were
granted, and plaintiff’s action was dismissed. See generally Martinez v. Flores, C-11-081, 2012
WL 1435740 (S.D. Tex. Apr. 24, 2012) (unpublished). Final judgment was entered that same
day. (D.E. 84). Consequently, a transfer of venue would be futile as this action has been
dismissed.

Accordingly, plaintiff’s motion to transfer venue to the Houston Division, (D.E. 98), is
DENIED.
ORDERED this 19th day of July 2011.

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BRIAN L. OWSLEY
UNITED STATES MAGISTRATE JUDGE

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