Opinion
Civil Action No.: 1:11-cv-01555-UNA
08-29-2011
Odis Odell Berry, Plaintiff, v. Brad Livingston et al., Defendants.
MEMORANDUM OPINION
This matter is before the Court on review of plaintiff's pro se complaint and application to proceed in forma pauperis. The application will be granted and the complaint will be dismissed pursuant to 28 U.S.C. § 1915A (requiring dismissal of a prisoner's complaint upon a determination that the complaint fails to state a claim upon which relief may be granted).
Plaintiff is a Texas prisoner incarcerated in Rosharon, Texas. He has submitted a form complaint under 42 U.S.C. § 1983, against numerous defendants in Texas, including prison officials. See Compl. at 4 & attached list. Plaintiff accuses the defendants of torture, id. at 5, but he has stated no facts to support such a claim. See Bell Atlantic Corp. v. Twombly, 555 U.S. 544, 555 (2007) (a plaintiff's "[f]actual allegations must be enough to raise a right to relief above the speculative level. . . .") (citations omitted). Even if plaintiff had stated a plausible claim, this judicial district is not the proper venue for litigating claims against Texas defendants for alleged misdeeds that occurred in Texas. See 28 U.S.C. § 1391(b) (designating the proper venue under the circumstances presented as the judicial district "where any defendant resides" or where a substantial part of the events occurred). Given the paucity of the complaint, the Court will dismiss it for failure to state a claim. A separate Order accompanies this Memorandum Opinion.
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United States District Judge