Fisher v. De Los Santos

Filing 6

OPINION AND ORDER OF TRANSFER to Western District of Texas, San Antonio Division. All pending motions are DENIED as moot subject to re-filing after the case is transferred. The Clerk of Court is directed to CLOSE this case. (Signed by Magistrate Judge Jason B Libby) Parties notified.(mserpa, 2) [Transferred from Texas Southern on 8/16/2017.]

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
DARWIN FISHER,
Plaintiff,
VS.
BOBBY DE LOS SANTOS,
Defendant.

§
§
§
§
§
§
§
§

August 16, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. 2:17-CV-279

OPINION AND ORDER OF TRANSFER
This is a civil rights action filed by a Texas state prisoner. Plaintiff Darwin Fisher
is currently incarcerated at the John B. Connally Unit in Kenedy, Texas. (D.E. 1, Page
2). In his complaint, Plaintiff alleges he was sexually assaulted by a correctional officer
at the Connally Unit. (D.E. 1, Pages 2-3).
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).

1/2

In this case, the events about which Plaintiff complains occurred in Karnes
County, Texas. (D.E. 1). None of the Defendants resides or is found in the Corpus
Christi Division of the Southern District of Texas. Karnes County lies within the San
Antonio Division of the Western District of Texas. 28 U.S.C. § 124(d)(4). There is no
nexus to the Corpus Christi Division of the Southern District of Texas. Therefore, the
interests of justice would be served by a transfer to the San Antonio Division of the
Western District of Texas. Accordingly, it is ORDERED that this case be transferred to
the United States District Court for the Western District of Texas, San Antonio Division.
All pending motions are DENIED as moot subject to re-filing after the case is
transferred. The Clerk of Court is directed to CLOSE this case.
ORDERED this 16th day of August, 2017.
___________________________________
Jason B. Libby
United States Magistrate Judge

2/2