Dingle v. Stevens, Jr. et al, No. 1:2023cv00210 - Document 3 (E.D. Tex. 2023)

Court Description: MEMORANDUM OPINION AND ORDER. It is ORDERED that this matter is transferred to the Beaumont Division of this court. Signed by Magistrate Judge Christine L. Stetson on 5/31/23. (ljw, )

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Dingle v. Stevens, Jr. et al Doc. 3 Case 1:23-cv-00210-MJT-ZJH Document 3 Filed 05/31/23 Page 1 of 2 PageID #: 11 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION MARTHUR DINGLE § VS. § JUDGE JOHN STEVENS, JR., ET AL. § CIVIL ACTION NO. 9:23cv93 MEMORANDUM OPINION AND ORDER Marthur Dingle, an inmate confined at the Jefferson County Correctional Facility, proceeding pro se, brings this civil rights action against Judge John Stevens, Jr., Assistant District Attorney Mike Laird and the Port Arthur, Texas, Police Department. 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 is controlled by 28 U.S.C. § 1391. 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 complains of events which occurred in Jefferson County, Texas. His claims concerning such events therefore arose in Jefferson County. In addition, the individual Defendants appear to reside in Jefferson County. Pursuant to 28 U.S.C. § 124, Jefferson County is located in the Eastern District of Texas. As a result, venue regarding plaintiff’s claims is proper in this court. However, while Jefferson County is in the Eastern District of Texas, it is in the Beaumont Division, rather than the Lufkin Division. When a case is filed in the wrong division, the court “shall dismiss, or if it be in the interests of justice, transfer such case to any district or division in which it could have been brought.” 28 U.S.C. § 1406(a). Accordingly, Plaintiff's claims will be transferred to the Beaumont Division of this court. Dockets.Justia.com Case 1:23-cv-00210-MJT-ZJH Document 3 Filed 05/31/23 Page 2 of 2 PageID #: 12 ORDER For the reasons set forth above, it is ORDERED that this matter is transferred to the Beaumont Division of this court. SIGNED this the 31st day of May, 2023. ___________________________________ Christine L Stetson UNITED STATES MAGISTRATE JUDGE 2

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