Mobley v. Director, TDCJ-CID
Mobley v. Director, TDCJ-CID
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION MELVIN L. MOBLEY, III § VS. § CIVIL ACTION NO. 1:25-CV-148 DIRECTOR, TDCJ-CID § MEMORANDUM OPINION AND ORDER Plaintiff Melvin L. Mobley, III, a prisoner confined at the Estelle 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, and he requests class certification and the appointment of counsel. 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 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 30th day of March, 2025.
Zack □□ United States Magistrate Judge
Reference
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