Myles v. Ricks et al Case electronically transferred to the Texarkana Division., No. 9:2022cv00061 - Document 4 (E.D. Tex. 2022)
Court Description: MEMORANDUM OPINION REGARDING VENUE. In the interest of justice, and for the convenience of the parties and witnesses, all claims against the Defendants should be transferred to the Texarkana Division of the Eastern District of Texas. Signed by Magistrate Judge Zack Hawthorn on 4/22/22. (ljw, )
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Myles v. Ricks et al Case electronically transferred to the Texarkana Division. Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION TONY ORLANDO MYLES § VS. § JESSICA RICKS, et al., § CIVIL ACTION NO. 9:22-CV-61 MEMORANDUM OPINION REGARDING VENUE Plaintiff, Tony Orlando Myles, an inmate currently incarcerated at the Telford Unit, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Defendants Jessica Ricks, FNU Major Pressnall, and FNU Major Hughes. 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. Discussion Venue in a civil rights action is determined pursuant to 28 U.S.C. § 1391(b). 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 all the defendants reside or in which a substantial part of the events or omissions giving rise to the claim occurred. Venue is proper in the Eastern District of Texas. Plaintiff’s complaint, however, pertains to incidences that occurred during his confinement at the Telford Unit in New Boston, Texas located in the Texarkana Division of the Eastern District of Texas. A district court has the authority to transfer a case in the interest of justice to another Dockets.Justia.com district in which the action might have been brought. See 28 U.S.C. §§ 1404, 1406. The Telford Unit is located in Bowie County, Texas which lies within the jurisdiction of the Texarkana Division of the Eastern District of Texas. Therefore, in the interest of justice, and for the convenience of the parties and witnesses, all claims against the Defendants should be transferred to the Texarkana Division of the Eastern District of Texas. An appropriate order so providing will be entered by the undersigned. SIGNED this 22nd day of April, 2022. _________________________ Zack Hawthorn United States Magistrate Judge
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