Finn v. Alford et al, No. 9:2014cv00141 - Document 2 (E.D. Tex. 2015)

Court Description: MEMORANDUM OPINION REGARDING VENUE. This case should be transferred to the Northern District of Texas, Dallas Division. An appropriate order so providing will be entered by the undersigned. Signed by Magistrate Judge Zack Hawthorn on 2/17/15. (ljw, )

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Finn v. Alford et al Doc. 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION MICHAEL J. FINN § VS. § SHERIFF BOB ALFORD, ET AL. § CIVIL ACTION NO. 9:14cv141 MEMORANDUM OPINION REGARDING VENUE Plaintiff Michael J. Finn, an inmate confined at the Polunsky Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983 against Sheriff Bob Alford, Warden Williams, Nurse Kelly, and Deputy Warden Jimmy Johnson. The above-styled action was referred to the undersigned magistrate judge pursuant to 28 U.S.C. § 636 and the Local Rules for the Assignment of Duties to the United States Magistrate Judge for findings of fact, conclusions of law, and recommendations for the disposition of the case. Factual Background Plaintiff filed this lawsuit complaining of the conditions of his confinement at the Johnson County Jail. 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 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 curium, 480 F.2d 805 (5th Cir. 1973). Dockets.Justia.com 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 claims arose. Plaintiff’s claims arose at the Johnson County Jail in Cleburne, Texas. Further, the defendants regarding theses claims are all employed by Johnson County, Texas. When public officials are parties to an action in their official capacities, they reside for venue purposes in the county where they perform their official duties, which in this case is Johnson County. Holloway v. Gunnell, 685 F.2d 150 (5th Cir. 1982); Lowrey v. Estelle, 433 F.2d 265 (5th Cir. 1976). Pursuant to 28 U.S.C. § 124, Johnson County, Texas is located in the Northern District of Texas, Dallas Division. Accordingly, venue in the Eastern District of Texas is not proper. When venue is not proper, the court “shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.” 28 U.S.C. § 1406(a). This case should be transferred to the Northern District of Texas, Dallas Division. An appropriate order so providing will be entered by the undersigned. SIGNED this 17th day of February, 2015. _________________________ Zack Hawthorn United States Magistrate Judge 2

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