Miller v. Cummings et al, No. 6:2019cv00189 - Document 6 (E.D. Tex. 2019)

Court Description: MEMORANDUM OPINION and ORDER transferring this case to the Tyler Division of the US District Court for the Eastern District of TX. Signed by Magistrate Judge Keith F. Giblin on 5/3/19. (tkd, )

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Miller v. Cummings et al Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION ROBERT MILLER § VS. § BRIAN COLLIER, ET AL. § CIVIL ACTION NO. 1:19-CV-175 MEMORANDUM OPINION AND ORDER Plaintiff Robert Miller, a prisoner currently confined at the Skyview 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 Brian Collier, William Jones, and Lorenzo Bustos. 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, § 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). Plaintiff’s claims arose at the Hodge Unit, which is located in the Tyler Division of the Eastern District of Texas. The court has considered the circumstances and determined that the Dockets.Justia.com interests of justice would be served by transferring the complaint to the Tyler Division. It is accordingly ORDERED that this civil rights action is TRANSFERRED to the Tyler Division of the United States District Court for the Eastern District of Texas. SIGNED this the 3rd day of May, 2019. ____________________________________ KEITH F. GIBLIN UNITED STATES MAGISTRATE JUDGE 2

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