Finney v. Newsom, No. 1:2021cv00462 - Document 3 (E.D. Tex. 2021)

Court Description: MEMORANDUM OPINION and ORDER that this civil rights action is transferred to the Eastern District of California. Signed by Magistrate Judge Zack Hawthorn on 9/13/2021. (bjc, )

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Finney v. Newsom Doc. 3 Case 1:21-cv-00462-MJT-ZJH Document 3 Filed 09/13/21 Page 1 of 2 PageID #: 20 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION CHESTER FINNEY § VS. § GAVIN NEWSOM § CIVIL ACTION NO. 1:21-CV-462 MEMORANDUM OPINION AND ORDER Plaintiff Chester Finney, a prisoner confined at the French Robertson 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 Gavin Newsom, the Governor of the State of California. 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, and the defendant resides, in California. 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 and the defendant resides. It is accordingly Dockets.Justia.com Case 1:21-cv-00462-MJT-ZJH Document 3 Filed 09/13/21 Page 2 of 2 PageID #: 21 ORDERED that this civil rights action is TRANSFERRED to the Eastern District of California. SIGNED this 13th day of September, 2021. _________________________ Zack Hawthorn United States Magistrate Judge 2

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