McCain v. McNeese et al, No. 1:2005cv00636 - Document 3 (E.D. Tex. 2005)

Court Description: MEMORANDUM OPINION regarding venue. Signed by Judge Keith F. Giblin on 9/15/05. (fbc, )

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McCain v. McNeese et al Doc. 3 Case 1:05-cv-00636-MAC-KFG Document 3 Filed 09/15/2005 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION PHILLIP MCCAIN § VS. § MARLENE MCNEESE, ET AL § CIVIL ACTION NO. 1:05cv636 MEMORANDUM OPINION REGARDING VENUE Plaintiff Phillip McCain, an inmate confined in the Larry Gist State Jail, proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983 against Marlene McNeese and Victoria Williams. 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 defendants reside or in which the claim arose. Plaintiff's complaint concerns events which occurred in Harris County, Texas. In addition, plaintiff states the defendants reside in Harris County. Pursuant to 28 U.S.C. § 124, Harris County is located in the Houston Division of the United States District Court for the Southern District of Texas. Dockets.Justia.com Case 1:05-cv-00636-MAC-KFG Document 3 Filed 09/15/2005 Page 2 of 2 As Harris 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). Accordingly, this case should be transferred to the Houston Division of the United States District Court for the Southern District of Texas. A Transfer Order shall be entered in accordance with this Memorandum Opinion. Hello This is a Test SIGNED this 15 September day of , 2005. KEITH F. GIBLIN UNITED STATES MAGISTRATE JUDGE 2

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