IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION MARTIN F. VALLE §

VS. § CIVIL ACTION NO. 9:23cv89 MEDICAL DOCTOR, ET AL. § MEMORANDUM OPINION AND ORDER Plaintiff Martin F. Valle, proceeding pro se, brings this civil rights action pursuant to

against an unidentified medical doctor and the Lychner State Jail. Analysis The Civil Rights Act,

, et. seq., under which this case is brought, does not contain a specific venue provision. Accordingly, venue in civil rights cases is controlled by

. Jones v. Bailey,

(N.D. Ga. 1972), aff'd per curiam,

(5th

Cir. 1973). When, as in this case, jurisdiction is not founded solely on diversity of citizenship,

provides that venue is proper only in the judicial district where the defendants reside or in which the claim arose. Plaintiff complains of events which occurred at the Lychner State Jail, which is located in Harris County, Texas. As a result, plaintiff's claims arose in Harris County. In addition, the individual defendant appears to reside in Harris County. Pursuant to

, Harris County is located in the Houston Division of the United States District Court for the Southern District of Texas. As a result, venue is not proper in this court.

When a case is filed in the wrong district or division, 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.”

(a). As the proper venue for this action is the Southern District of Texas, this matter should be transferred to the Southern District. ORDER For the reasons set forth above, it is ORDERED that this case is TRANSFERRED to the Houston Division of the United States District Court for the Southern District of Texas.

SIGNED this 15th day of May, 2023.

Zack rf United States Magistrate Judge