Murray v. John Middleton Unit et al, No. 6:2010cv00070 - Document 8 (E.D. Tex. 2010)

Court Description: OPINION and ORDER OF PARTIAL DISMISSAL UNDER 28 U.S.C. § 1915A(B)(1) and UNDER 28:1915(e)(2)(B)(i) and (ii), AND, ORDER TO TRANSFER REMAINING CLAIMS: Case transferred to Tyler Division of Eastern. Murray did not file the claims made the basis of this suit until October 2009, his claims recited in Court are much too late: the applicable two-year statute of limitations already had expired long prior to the time Murray filed suit. Because the bulk of Murrays remaining claims arise from inciden ts that occurred in the Eastern District of Texas, and since Murray is housed in that district, this Court concludes that in the interest of justice, the remaining claims should be transferred to the Eastern District of Texas, Tyler division. Therefo re, all of Plaintiff's claims asserted against infirmary staff at the Middleton or Goree units of the Texas Department of Criminal Justice, Correctional Institutions Division, are dismissed with prejudice under authority of 28 U.S.C. § 1915 A(b)(2) and 28 U.S.C. § 1915(e)(2)(B)(iii). All remaining claims are transferred to the United States District Court for the Eastern District of Texas, Tyler Division. (Ordered by Judge Terry R Means on 2/26/2010) (dld)...Cy to Murray; Cy to Parker/TXED (Additional attachment(s) added on 3/1/2010: # 1 Email Ntc to ED.TX Parker) (dld). [Transferred from Texas Northern on 3/3/2010.]