From Casetext: Smarter Legal Research

Cartwright v. Davis

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION
Jul 11, 2017
CIVIL ACTION NO. 9:17cv46 (E.D. Tex. Jul. 11, 2017)

Opinion

CIVIL ACTION NO. 9:17cv46

07-11-2017

MARCUS BRANDON CARTWRIGHT v. LORI DAVIS


MEMORANDUM OPINION AND ORDER REGARDING VENUE

Plaintiff Marcus Brandon Cartwright, proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983.

Plaintiff filed a petition for writ of habeas corpus concerning a prison disciplinary conviction. The petition was assigned civil action number 9:17cv21. Concluding that the petition also raised civil rights claims, the court severed the civil rights claims into a separate action. Those claims were assigned the civil action number set forth in the caption above.

Analysis

The Civil Rights Act, 42 U.S.C. § 1981, et. seq., under which this case is brought, does not contain a specific venue provision. Accordingly, venue in civil rights cases is controlled by 28 U.S.C. § 1391. Jones v. Bales, 58 F.R.D. 453 (N.D. Ga. 1972), aff'd per curiam, 480 F.2d 805 (5th Cir. 1973).

When, as in this case, jurisdiction is not founded solely on diversity of citizenship, 28 U.S.C. § 1391 provides that venue is proper only in the judicial district where the defendant resides or in which the claim arose.

Plaintiff complains of events that occurred at the Segovia Unit, which is located in Hidalgo County, Texas. Pursuant to 28 U.S.C. § 124, Hidalgo County is located in the McAllen Division of the United States District Court for the Southern District of Texas.

As Hidalgo County is located in the Southern District of Texas, venue in the Eastern District of Texas is not proper. When venue is not proper, the court "shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." 28 U.S.C. § 1406(a).

ORDER

For the reasons set forth above, it is

ORDERED that this matter is TRANSFERRED to the McAllen Division of the United States District Court for the Southern District of Texas.

SIGNED this the 11th day of July, 2017.

/s/_________

KEITH F. GIBLIN

UNITED STATES MAGISTRATE JUDGE


Summaries of

Cartwright v. Davis

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION
Jul 11, 2017
CIVIL ACTION NO. 9:17cv46 (E.D. Tex. Jul. 11, 2017)
Case details for

Cartwright v. Davis

Case Details

Full title:MARCUS BRANDON CARTWRIGHT v. LORI DAVIS

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION

Date published: Jul 11, 2017

Citations

CIVIL ACTION NO. 9:17cv46 (E.D. Tex. Jul. 11, 2017)