Griggs v. Nunez et al, No. 1:2008cv00225 - Document 2 (E.D. Tex. 2008)

Court Description: MEMORANDUM OPINION regarding transfer. Signed by Judge Earl S. Hines on 4/30/08. (bjc, )

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Griggs v. Nunez et al Doc. 2 Case 1:08-cv-00225-TH-ESH Document 2 Filed 04/30/2008 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JOHN GRIGGS § VS. § NUNEZ, ET AL. § CIVIL ACTION NO. 1:08-CV-225 MEMORANDUM OPINION REGARDING TRANSFER Plaintiff John Griggs, a prisoner confined at the Connally Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Nunez, Rodriguez, and P. Morales. The defendants are employed at the Connally Unit. Discussion 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. 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, Section 1391 provides that venue is proper only in the judicial district where the defendants reside or in which the claim arose. However, under 28 U.S.C. § 1404(a), 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 where it could have been brought. Such a transfer may be done sua sponte and is reviewable only for an abuse of discretion. Mills v. Beech Aircraft Corp., 886 F.2d 758, 761 (5th Cir. 1989). Dockets.Justia.com Case 1:08-cv-00225-TH-ESH Document 2 Filed 04/30/2008 Page 2 of 2 Plaintiff complains of an incident that took place at the Connally Unit. The Connally Unit is located in the San Antonio Division of the United States District Court for the Western District of Texas. The court has considered the circumstances and has determined that the interest of justice would best be served if the complaint were transferred to the district in which the claims arose. Therefore, the case should be transferred to the Western District of Texas. An order so providing will be entered by the undersigned. Hello This is a Test SIGNED this 30 day of April , 2008. EARL S. HINES UNITED STATES MAGISTRATE JUDGE 2

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