Smith v. Unknown Defendants
Filing
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OPINION AND ORDER TO TRANSFER CASE to Eastern District of TX, Tyler Division (Signed by Magistrate Judge B Janice Ellington) Parties notified.(srussell, 2)
United States District Court
Southern District of Texas
ENTERED
January 18, 2018
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
TERRY SMITH,
Plaintiff,
VS.
UNKNOWN DEFENDANTS,
Defendant.
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David J. Bradley, Clerk
CIVIL ACTION NO. 2:18-CV-20
OPINION AND ORDER OF TRANSFER
This is a civil rights action filed by a state prisoner. Plaintiff Terry Smith is
currently assigned to the Powledge Unit in Palestine, Texas.
(D.E. 1).
Plaintiff
complains about the conditions of his confinement at the Powledge Unit as well as the
lack of adequate medical care provided to him.
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, a substantial part of the events forming the basis of Plaintiff’s
complaint occurred at the Powledge Unit. (D.E. 1). Plaintiff is housed at the Powledge
Unit, which is located in Anderson County, Texas. Many potential defendants, who may
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later be identified by Plaintiff, also appear to reside in Anderson County. Anderson
County is located in the Tyler Division of the Eastern District of Texas. 28 U.S.C. §
124(c)(1). There is no nexus to the Corpus Christi Division of the Southern District of
Texas. The interests of justice, therefore, would be served by a transfer to the Tyler
Division of the Eastern District of Texas.
Accordingly, IT IS ORDERED that this case be TRANSFERRED to the United
States District Court for the Eastern District of Texas, Tyler Division.
ORDERED this 18th day of January, 2018.
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B. JANICE ELLINGTON
UNITED STATES MAGISTRATE JUDGE
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