Blaney v. Estelle Unit, No. 9:2021cv00022 - Document 3 (E.D. Tex. 2021)
Court Description: MEMORANDUM OPINION AND ORDER. This civil rights action is TRANSFERRED to the Houston Division of the United States District Court for the Southern District of Texas. Signed by Magistrate Judge Keith F. Giblin on 2/18/21. (ljw, )
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Blaney v. Estelle Unit Doc. 3 Case 9:21-cv-00022-RC-KFG Document 3 Filed 02/18/21 Page 1 of 2 PageID #: 11 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION JERRY BLANEY § VS. § ESTELLE UNIT § CIVIL ACTION NO. 9:21-CV-22 MEMORANDUM OPINION AND ORDER Plaintiff Jerry Blaney, a prisoner previously confined at the Ellis 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. Plaintiff alleges his constitutional rights were violated at the Estelle Unit. Discussion 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). The Estelle Unit is located in the Houston Division of the United States District Court for the Southern District of Texas. The court has considered the circumstances and has determined that the interests of justice would be served if the complaint were transferred to the district in which the Dockets.Justia.com . Case 9:21-cv-00022-RC-KFG Document 3 Filed 02/18/21 Page 2 of 2 PageID #: 12 claims arose. Therefore, this action should be transferred to the Southern District of Texas. It is accordingly ORDERED that this civil rights action is TRANSFERRED to the Houston Division of the United States District Court for the Southern District of Texas. SIGNED this the 18th day of February, 2021. ____________________________________ KEITH F. GIBLIN UNITED STATES MAGISTRATE JUDGE 2
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