Emmett v. Dickerson et al, No. 9:2022cv00004 - Document 3 (E.D. Tex. 2022)
Court Description: MEMORANDUM OPINION Regarding Transfer. It is ordered that this civil rights action is TRANSFERRED to the Lufkin Division of the United States District Court for the Eastern District of Texas. Signed by Magistrate Judge Zack Hawthorn on 1/7/22. (kcv, )
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Emmett v. Dickerson et al Doc. 3 Case 9:22-cv-00004-TH-ZJH Document 3 Filed 01/07/22 Page 1 of 2 PageID #: 21 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION BARRY EMMETT § VS. § WARDEN DICKERSON, ET AL. § CIVIL ACTION NO. 1:22-CV-8 MEMORANDUM OPINION REGARDING TRANSFER Plaintiff Barry Emmett, an inmate confined at the Polunsky 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 Warden Dickerson, the Polunsky Unit Kitchen Major, Dr. Ernestine Julye, the UTMB President, the UTMB Vice President, the Director of TDCJ, and the Executive Director of TDCJ-CID. Discussion 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. 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 or division 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 complains of incidents that occurred at the Polunsky Unit. The Polunsky Unit is located in the Lufkin Division of the United States District Court for the Eastern District of Texas. The court has considered the circumstances and has determined that the interests of justice would Dockets.Justia.com Case 9:22-cv-00004-TH-ZJH Document 3 Filed 01/07/22 Page 2 of 2 PageID #: 22 be served by transferring this action to the division in which the claims arose. Therefore, the case should be transferred to the Lufkin Division. It is accordingly ORDERED that this civil rights action is TRANSFERRED to the Lufkin Division of the United States District Court for the Eastern District of Texas. SIGNED this 7th day of January, 2022. _________________________ Zack Hawthorn United States Magistrate Judge 2
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