McDonald v. Snuff DO NOT DOCKET. CASE HAS BEEN TRANSFERRED OUT TO USDC ED/TX - TYLER DIVISION.

Filing 7

ORDER TO TRANSFER CASE to USDC ED/TX - Tyler Division. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)

United States District Court
Southern District of Texas

ENTERED
April 26, 2018

IN THE UN ITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

David J. Bradley, Clerk

STEPHEN MCDONALD,

TDCJ #1848321,
Plaintiff,

CIVIL ACTION NO . H-18-1154
OFFICER FNU SNUFF,

Defendant .

ORDER TO TRANSFER

The plaintiff, Stephen McDonald

incarcerated

the

Texas

Department

of

Criminal

Correctional Institutions Division (
UTDCJ')
'

Justice

Michael Unit in

Tennessee Colony, Texas. McDonald filed a Prisoner's Civil Rights

Complaint under 42 U .S .C . 5

(
ucomplaint' (
') Docket Entry No.

the Western District of Texas, Austin Division, concerning an
incident

reportedly occurred at the Michael Unit on or about

March 2 6, 2018. The Western District transferred the Complaint
on the belief

at the Wynne Unit

Huntsville .

that McDonald is confined at

McDonald is confined

The p leadings confirm , however,
Michael Unit, where the incident

that form s the basis for the Complaint occurred .l

lpub lic records availab le from TDCJ also confirm that the
plaintiff remains confined at the Michael Unit . See TDCJ Offender

Information, located at: htto ://offender .tdcn
'.texas.
qov
visited April 25, 2018).

(last

Tennessee Colony, where the Michael Unit
Anderson County, which

located ,

within the Southern District

Texas, Houston Division.

See 28

124 ( 2).
b)(

Anderson

County is located in the Eastern District of Texas, Tyler Division .

See 28 U.S. 5 124 ( (
C.
c) 1). Because a11 or a substantial part of the
events giving rise to the asserted claims occurred at the Michael
Unit facility in Anderson County , the Complaint was not properly
transferred

U.S.C.

the Southern District, Houston Division .

See 28

1391 (
b); Mavfield v . Klevenhaqen, 941

1991).
A district court has

authority to transfer a case in

interest of justice to another district in which the action might
have been brought.

See

5

a

1404

authorizes

U.S. .
C
transfer

1404(
a).

based

on

particular,

considerations

of

convenience :

For the convenience of parties and witnesses, in the

interest of justice, a district court may transfer any
civil action to any other district
may have been brought .

5 1404 (
a).
deciding whether

1066,

A district court has 'broad discretion
'

order

(
5th

division where it

transfer .'
'

Balawatder v . Scott ,

1999).

interest of justice, and for the convenience of the
parties and witnesses, the court concludes that the plaintiff's

Complaint should be transferred pursuant
Eastern District , Tyler Division, where

1404 (
a)
claims arose and the

parties are located .
Accordingly, the Clerk of Court
case to the Clerk of
Eastern

District

of

advised that , once

ORDERED

TRANSFER this

United States District Court
Texas, Tyler Division .
case number

the

The plaintiff

assigned by the Eastern

District, Tyler Division, a1l further correspondence and pleadings
should be submitted to that
The Clerk will provide a copy

this Order

SIRMED at Houston, Texas, on this a;x

day

the plaintiff.

z l
Apei

,

SIM LA KE
UNITED STATES DISTRICT JUDGE

2018 .