Opinion
Civil Action 1:23-CV-382
10-30-2023
EZEKIEL BARRERA v. RANDY JEWITT, ET AL.
MEMORANDUM OPINION AND ORDER
CHRISTINE L. STETSON, UNITED STATES MAGISTRATE JUDGE
Plaintiff Ezekiel Barrera, a prisoner confined at the Goree Unit of the Texas Department of Criminal Justice, Correctional Institutions Division (TDCJ-CID), proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Correctional Officer Randy Jewitt and an unidentified Defendant. Plaintiff alleges Defendants, who are employed at the Goree Unit, used excessive force against him.
Discussion
When jurisdiction is not founded solely on diversity of citizenship, 28 U.S.C. § 1391(b) provides that venue is proper in the judicial district where the defendants reside or in which the claim arose. Venue is not proper in the Eastern District of Texas, because Plaintiff alleges that the claims arose in the Southern District of Texas. Under 28 U.S.C. § 1404, the district court may transfer a civil action to any other district where it could have been brought for the convenience of parties and witnesses and in the interest of justice. The court has considered the circumstances and has determined that justice would be served by transferring this action to the district where the claims arose. It is accordingly
ORDERED that this civil rights action is TRANSFERRED to the Houston Division of the United States District Court for the Southern District of Texas.