Kindred v. Texas Parole Board et al, No. 1:2024cv00128 - Document 3 (E.D. Tex. 2024)

Court Description: MEMORANDUM OPINION and ORDER. It is ordered that this civil rights action is TRANSFERRED to the Waco Division of the United States District Court for the Western District of Texas. Signed by Magistrate Judge Christine L. Stetson on 4/24/24. (Via regular mail with ack card on 4/25/24). (kcv)

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Kindred v. Texas Parole Board et al Doc. 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION HERMAN LEE KINDRED § VS. § TEXAS PAROLE BOARD, ET AL. § CIVIL ACTION NO. 1:24-CV-128 MEMORANDUM OPINION AND ORDER Plaintiff Herman Lee Kindred, a prisoner confined at the Bell County Law Enforcement Center, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against members of the Texas Parole Board located in Temple, Texas. Discussion When jurisdiction is not founded solely on diversity of citizenship, 28 U.S.C. § 1391(b) provides that venue is proper in the judicial district where the defendants reside or in which the claim arose. Venue is not proper in the Eastern District of Texas, because the plaintiff alleges that the claims arose, and the defendants reside, in Bell County, which is located in the Western District of Texas. Under 28 U.S.C. § 1404, the district court may transfer a civil action to any other district where it could have been brought for the convenience of parties and witnesses and in the interest of justice. The court has considered the circumstances and has determined that justice would be served by transferring this action to the district where the claims arose and the defendants reside. It is accordingly Dockets.Justia.com ORDERED that this civil rights action is TRANSFERRED to the Waco Division of the United States District Court for the Western District of Texas. SIGNED this the 24th day of April, 2024. ___________________________________ Christine L Stetson UNITED STATES MAGISTRATE JUDGE 2

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