Opinion
No. 3:20-cv-1733-K-BN
08-05-2020
DEREK SWIGART, #0577364, Plaintiff, v. DETECTIVE MILLER, Defendant.
FINDINGS , CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Plaintiff Derek Swigart, an inmate at the Tarrant County jail, brings this action against a Fort Worth police detective, and his claims may be liberally construed as asserting that the detective violated Swigart's civil rights. See Dkt. No. 3. His case has been referred to the undersigned United States magistrate judge for pretrial management under 28 U.S.C. § 636(b) and a standing order of reference from United States District Judge Ed Kinkeade.
Venue in a civil rights action is governed by 28 U.S.C. § 1391(b). See Davis v. La. State Univ., 876 F.2d 412, 413 (5th Cir. 1989). The section provides that venue is proper in the judicial district: (1) where the defendant resides; (2) where a substantial part of the events or omissions giving rise to the claim occurred; or (3) if there is no district where the action may otherwise be brought, in any judicial district in which any defendant is subject to personal jurisdiction. 28 U.S.C. § 1391(b).
The Court may transfer a case to any proper judicial district or division "for the convenience of parties and witnesses, in the interest of justice," id. § 1404(a); see also Hardwick v. Brinson, 523 F.2d 798, 800 n.2 (5th Cir. 1975), or may transfer a case filed in the wrong district or division "to any district or division in which it could have been brought," 28 U.S.C. § 1406(a). A district court may raise the issue of venue sua sponte. See Mills v. Beech Aircraft Corp., 886 F.2d 758, 761 (5th Cir. 1989); see also Empty Barge Lines II, Inc. v. DREDGE LEONARD FISHER, 441 F. Supp. 2d 786, 789 (E.D. Tex. 2006) ("A transfer of venue may be made upon the motion of any party or by the court sua sponte." (collecting cases)).
Because the events alleged occurred in Fort Worth, in Tarrant County, within the Fort Worth Division of the Northern District of Texas, see 28 U.S.C. § 124(a)(2), the undersigned concludes that this action should be transferred to that division of this district.
Recommendation
The Court should transfer this action to the Fort Worth Division of the Northern District of Texas.
A copy of these findings, conclusions, and recommendation shall be served on all parties in the manner provided by law. Any party who objects to any part of these findings, conclusions, and recommendation must file specific written objections within 14 days after being served with a copy. See 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b). In order to be specific, an objection must identify the specific finding or recommendation to which objection is made, state the basis for the objection, and specify the place in the magistrate judge's findings, conclusions, and recommendation where the disputed determination is found. An objection that merely incorporates by reference or refers to the briefing before the magistrate judge is not specific. Failure to file specific written objections will bar the aggrieved party from appealing the factual findings and legal conclusions of the magistrate judge that are accepted or adopted by the district court, except upon grounds of plain error. See Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1417 (5th Cir. 1996).
DATED: August 5, 2020
/s/_________
DAVID L. HORAN
UNITED STATES MAGISTRATE JUDGE