Hayes v. Rayford et al, No. 5:2021cv01039 - Document 5 (W.D. Tex. 2021)

Court Description: OPINION AND ORDER TO TRANSFER CASE to US District Court for the Western District of Texas, San Antonio Division; all pending motions are DENIED as moot.(Signed by Magistrate Judge Jason B Libby) Parties notified.(RochelleLimon, 2)[Transferred from Texas Southern on 10/26/2021.]

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Hayes v. Rayford et al Doc. 5 United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION ABRAHAM BUNDU HAYES, Plaintiff, VS. PHONSO RAYFORD, et al, Defendants. § § § § § § § § October 26, 2021 Nathan Ochsner, Clerk CIVIL ACTION NO. 2:21-CV-244 OPINION AND ORDER OF TRANSFER This is a civil action filed by a Texas state prisoner. Plaintiff Abraham Hayes is currently incarcerated at the Connally Unit in Kenedy, Texas, which is located in Karnes County. In his complaint, Plaintiff challenges conditions relating to his confinement at the Connally Unit. (D.E. 1). A civil action wherein jurisdiction is not founded solely on diversity of citizenship may be brought in (1) a judicial district where any defendant resides, if all defendants reside in the same state, or (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred. 28 U.S.C. § 1391(b). In addition, for the convenience of parties and witnesses, and in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought. 28 U.S.C. § 1404(a). In this case, the events about which Plaintiff complains occurred in Karnes County, Texas. None of the Defendants reside or are found in the Corpus Christ i 1/2 Dockets.Justia.com Division of the Southern District of Texas. Karnes County lies within the San Antonio Division of the Western District of Texas. 28 U.S.C. § 124(d)(4). Therefore, the interests of justice would be served by a transfer to the San Antonio Division of the Western District of Texas. Accordingly, it is ORDERED that this case be transferred to the United States District Court for the Western District of Texas, San Antonio Division. All pending motions are DENIED as moot subject to re-filing after the case is transferred. The Clerk of Court is directed to CLOSE this case. ORDERED this 25th day of October, 2021. ___________________________________ Jason B. Libby United States Magistrate Judge 2/2

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