Summers v. Quarterman, No. 1:2014cv00166 - Document 3 (E.D. Tex. 2014)

Court Description: MEMORANDUM OPINION and Order transferring this action to the Lufkin Division of the US District Court for the Eastern District of TX. Signed by Magistrate Judge Zack Hawthorn on 4/4/14. (tkd, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION ANTHONY LEON SUMMERS § VS. § NATHANIEL QUARTERMAN § CIVIL ACTION NO. 1:14cv166 MEMORANDUM OPINION AND ORDER Plaintiff Anthony Leon Summers, an inmate confined at the Gib Lewis 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 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. 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. However, under 28 U.S.C. § 1404(a), for the convenience of parties and witnesses and in the interests of justice, a district court may transfer any civil action to any other district or division 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). Plaintiff complains about incidents that took place at the Gib Lewis Unit, which is located in the Lufkin Division of the United States District Court for the Eastern District of Texas. However, this case was filed in the Beaumont Division. The court has considered the circumstances and determined that the interest of justice would be served if the complaint were transferred to the division in which the claims arose. It is accordingly ORDERED that this civil rights action is TRANSFERRED to the Lufkin Division of the United States District Court for the Eastern District of Texas. SIGNED this 4th day of April, 2014. _________________________ Zack Hawthorn United States Magistrate Judge 2