Gaddis v. Kent et al, No. 1:2008cv00219 - Document 2 (E.D. Tex. 2008)

Court Description: MEMORANDUM OPINION REGARDING VENUE. Plaintiff complains of events which occurred at the Eastham Unit. The Eastham Unit is located in Houston County, Texas. While Houston County is in the Eastern District of Texas, it is in the Lufkin Division of such district, rather than the Beaumont Division. Accordingly, this case will be transferred to the Lufkin Division of this court. Signed by Judge Earl S. Hines on 4/28/08. (mrp, )

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Gaddis v. Kent et al Doc. 2 Case 1:08-cv-00219-MAC-ESH Document 2 Filed 04/28/2008 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION EDDIE LEE GADDIS, JR. § VS. § OFFICER KENT § CIVIL ACTION NO. 1:08cv219 MEMORANDUM OPINION REGARDING VENUE Eddie Lee Gaddis, Jr., an inmate confined in the Eastham Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983 against Officer Kent, Officer Garrison, Sergeant Pyle, Sergeant Baskin and Sergeant Smith. 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 con- trolled by 28 U.S.C. § 1391. Jones v. Bailey, 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. Dockets.Justia.com Case 1:08-cv-00219-MAC-ESH Document 2 Filed 04/28/2008 Page 2 of 2 Plaintiff complains of events which occurred at the Eastham Unit. The Eastham Unit is located in Houston County, Texas. Plaintiff's claim therefore arose in Houston County. Pursuant to 28 U.S.C. § 124, Houston County is located in the Eastern District of Texas. As a result, venue is proper in this court. However, while Houston County is in the Eastern District of Texas, it is in the Lufkin Division of such district, rather than the Beaumont Division. When a case is filed in the wrong dis- trict or division, 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 will be transferred to the Lufkin Division of this court. A Transfer Order shall be entered in accordance with this Memorandum Opinion. Hello This is a Test SIGNED this 28 April day of , 2008. EARL S. HINES UNITED STATES MAGISTRATE JUDGE 2

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