Dobbs v. Texas Dept of Child Family Services et al, No. 9:2019cv00233 - Document 6 (E.D. Tex. 2020)

Court Description: MEMORANDUM OPINION AND ORDER. This matter is to be TRANSFERRED to the Amarillo Division of the United States District Court for the Northern District of Texas. Signed by Magistrate Judge Keith F. Giblin on 1/9/20. (ljw, )

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Dobbs v. Texas Dept of Child Family Services et al Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION CASEY DOBBS § VS. § CIVIL ACTION NO. 9:19cv233 TX. DEPT. CHILD FAMILY SERVICES § MEMORANDUM OPINION AND ORDER Plaintiff Casey Dobbs, an inmate confined in the Michael Unit of the Texas Department of Criminal Justice, Institutional Division, proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983 against the Texas Department of Child Family Services and the 222nd District Court of Oldham County, Texas. 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. Bales, 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, 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. This case appears to have no connection with the Eastern District of Texas. Oldham County. Plaintiff complains of events that occurred in Pursuant to 28 U.S.C. § 124, Oldham County is Dockets.Justia.com located in the Amarillo Division of the United States District Court for the Northern District of Texas. Venue for this matter is not proper in the Eastern District of Texas. 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." U.S.C. § 1406(a). 28 Accordingly, this case should be transferred to the Amarillo Division of the United States District Court for the Northern District of Texas. ORDER For the reasons set forth above, it is ORDERED that this matter is TRANSFERRED to the Amarillo Division of the United States District Court for the Northern District of Texas. SIGNED this the 9th day of January, 2020. ____________________________________ KEITH F. GIBLIN UNITED STATES MAGISTRATE JUDGE 2

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