Barnes v. Willacy County State Jail

District Court, S.D. Texas

Barnes v. Willacy County State Jail

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION WILLIE LEON BARNES § VS. § CIVIL ACTION NO. 1:24-CV-508 WILLACY COUNTY STATE JAIL § MEMORANDUM OPINION AND ORDER Plaintiff Willie Leon Barnes, a prisoner currently confined at the Willacy County State Jail, proceeding pro se, filed this civil rights action pursuant to

42 U.S.C. § 1983

against the Willacy County State Jail. 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. 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). Willacy County is located in the Brownsville 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 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 Brownsville Division of the United States District Court for the Southern District of Texas.

SIGNED this 5th day of January, 2025.

Zack United States Magistrate Judge

Reference

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