Opinion
CIVIL ACTION NO. 1:17cv83
03-23-2017
JUVENAL GUEVARA, JR. v. OFFICER PAUL, ET AL
MEMORANDUM OPINION AND ORDER
Juvenal Guevara, Jr., an inmate confined in the Skyview Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, brings this civil rights action.
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 is controlled by 28 U.S.C. § 1391. Jones v. Bailey, 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 defendants reside or in which the claim arose.
Plaintiff complains of events which occurred at the Michael Unit, which is located in Anderson County. As the actions taken by the defendants were taken in Anderson County, the claim against them arose in Anderson County. Pursuant to 28 U.S.C. § 124, Anderson County is located in the Eastern District of Texas. As a result, venue regarding plaintiff's claim is proper in this court.
However, while Anderson County is in the Eastern District of Texas, it is in the Tyler Division, rather than the Beaumont Division. When a case is filed in the wrong division, the court "shall dismiss, or if it be in the interests of justice, transfer such case to any district or division in which it could have been brought." 28 U.S.C. § 1406(a). See Kreimerman v. Casa Veerkamp, S.A. de C.V., 22 F.3d 634 (5th Cir. 1994) (remanding the case to the Houston Division of the United States District Court for the Southern District of Texas, with instructions that the case be transferred to the McAllen Division pursuant to Section 1406(a)). Accordingly, plaintiff's claim will be transferred to the Tyler Division of this court.
ORDER
For the reasons set forth above, it is ORDERED that this matter is transferred to the Tyler Division of this court.
SIGNED this the 23rd day of March, 2017.
/s/_________
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE