Cartwright v. Davis, No. 9:2017cv00046 - Document 7 (E.D. Tex. 2017)

Court Description: MEMORANDUM OPINION AND ORDER. This matter is TRANSFERRED to the McAllen Division of the United States District Court for the Southern District of Texas. Signed by Magistrate Judge Keith F. Giblin on 7/11/17. (ljw, )

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Cartwright v. Davis Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION MARCUS BRANDON CARTWRIGHT § VS. § LORI DAVIS § CIVIL ACTION NO. 9:17cv46 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. civil action number 9:17cv21. The petition was assigned 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 Dockets.Justia.com 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. ____________________________________ KEITH F. GIBLIN UNITED STATES MAGISTRATE JUDGE 2

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