Eudy v. University Of Texas Medical Branch et al

Filing 23

ORDER TO TRANSFER CASE to Eastern District of Texas, Tyler Division; granting Motion to Seal 21 , Motion to Transfer Venue 20 (Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION DAVID RAY EUDY, Petitioner, VS. UNIVERSITY OF TEXAS MEDICAL BRANCH, et al, Defendants. January 18, 2018 David J. Bradley, Clerk § § § § CIVIL ACTION NO. 3:15-CV-214 § § § § § ORDER TO TRANSFER The plaintiff, David Ray Eudy (TDCJ #01048788), has filed a complaint under 42 U.S.C. § 1983 claiming that the defendants were deliberately indifferent to injuries to Eudy’s hand and wrist (Dkt. 1). The Texas Attorney General has, at the Court’s request, provided a Martinez report,1 which the Court has sealed and construed as a motion for summary judgment under Federal Rule of Civil Procedure 56. Eudy has responded (Dkt. 19). The defendants have replied to Eudy’s response, and their motion to seal that reply (Dkt. 21) is GRANTED. The defendants have also requested a change of venue, and in light of the clarifying information they have presented a transfer is proper. Although Eudy listed all of the defendants as having Galveston addresses, the Texas Attorney General has informed the Court that the defendants who provided the medical care at issue actually reside in or near Tennessee Colony (Dkt. 20 at p. 1). Moreover, the defendants treated Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1987); see also Cay v. Estelle, 789 F.2d 318, 323 & n.4 (5th Cir. 1986) (discussing the utility of a Martinez report). 1 1/2 Eudy in Tennessee Colony at the Michael Unit of the Texas Department of Criminal Justice, not in Galveston at UTMB (Dkt. 20 at p. 1). Tennessee Colony is located in the Eastern District of Texas, Tyler Division. The defendants’ motion to transfer venue (Dkt. 20) is GRANTED. See 28 U.S.C. §§ 124(c)(1), 1391(b), 1404(a). The Court ORDERS the District Clerk to TRANSFER this case to the United States District Court for the Eastern District of Texas, Tyler Division. The Clerk of this Court shall send a copy of this order to the parties and to amicus counsel. SIGNED at Galveston, Texas, this 18th day of January, 2018. ___________________________________ George C. Hanks Jr. United States District Judge 2/2

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