IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION SHERMAN LAMONT FIELDS § VS. § CIVIL ACTION NO. 1:25-cv-73 JOHN GILLEY § MEMORANDUM OPINION AND ORDER Plaintiff Sherman Lamont Fields, an inmate confined within the Bureau of Prisons, proceeding pro se, filed the above-styled lawsuit pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics,

(1971), against John Gilley. Plaintiff complains of events which occurred at the United States Penitentiary at Hazelton, West Virginia (“USP-Hazelton”). USP-Hazelton is located in Preston County, West Virginia. Venue in a lawsuit filed pursuant to Bivens is governed by

(b). See Stafford v. Briggs,

(1980). Section 1391(b) provides that venue is proper only in the federal judicial district where any defendant resides, if all the defendants reside in the same state, or where a substantial part of the events or omissions giving rise to the claim occurred. If a lawsuit is asserted in a judicial district in which venue is not proper, that court shall dismiss, or if it be in the interest of justice, transfer the lawsuit to any district where it could have been brought.

(a). The claims asserted in this lawsuit arose Preston County, West Virginia. Pursuant to

(a), Preston County is located in the Northern District of West Virginia. The events of which plaintiff complains occurred in the Northern District of West Virginia, where Defendant appears to reside. As a result, venue with respect to this lawsuit is not proper in this court. This case will therefore be transferred to the United States District Court for the Northern District of West Virginia. ORDER For the reasons set forth above, it is ORDERED that this matter is TRANSFERRED to the United States District Court for the Northern District of West Virginia. SIGNED this the 3rd day of March, 2025.

Christine L Stetson UNITED STATES MAGISTRATE JUDGE