Byrd v. Warden, USP Canaan Case transferred to the Beaumont Division.

District Court, E.D. Texas

Byrd v. Warden, USP Canaan Case transferred to the Beaumont Division.

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION KHALIEF BYRD §

VS. § CIVIL ACTION NO. 9:25-CV-105 WARDEN BARTLETT, ET AL. § MEMORANDUM OPINION AND ORDER Plaintiff Khalief Byrd, a prisoner currently confined at the United States Penitentiary in Waymart, Pennsylvania, proceeding pro se, filed this civil rights action pursuant to Bivens v. Six Unknown Agents of Federal Bureau of Narcotics,

403 U.S. 388

(1971), against Warden Bartlett, Assistant Warden Ford, Captain Buckles, Lieutenant Dingess, Lieutenant Frankowisky, Officer

Conner, Officer M. Jones, Officer B. Bread, Officer Beaubouef, Officer Fontenote, Officer Booker, Officer S. Walker, Officer A. Parks, Officer D. Hightower, Nurse Blankenship, and Dr. Ramos. Plaintiff alleges the defendants failed to provide him with medical treatment during his hunger strike while he was confined at the United States Penitentiary in Beaumont, Texas. 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 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 about incidents that took place at the Beaumont penitentiary, which is located in the Beaumont Division of the United States District Court for the Eastern District of Texas. However, this case was filed in the Lufkin Division. The court has considered the circumstances and determined that the interests of justice would be served by transferring the complaint to the division in which the claims arose. It is accordingly ORDERED that this civil rights action is TRANSFERRED to the Beaumont Division of the United States District Court for the Eastern District of Texas.

SIGNED this 31st day of March, 2025.

Zack □ United States Magistrate Judge

Reference

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