Summary
This memorandum opinion and order addresses a pro se civil rights lawsuit filed by an inmate against a Bureau of Prisons official under Bivens. The court analyzes venue requirements under 28 U.S.C. § 1391(b) and determines that the proper venue lies in the Northern District of West Virginia, where the alleged events occurred and the defendant resides. Consequently, the court orders the case transferred to that district for further proceedings.
Topics
Practice areas
Questions Presented
- Whether venue is proper in the Eastern District of Texas under 28 U.S.C. §1391(b) and §1406(a).
Holdings
- Venue is not proper in the Eastern District of Texas; the case is transferred to the United States District Court for the Northern District of West Virginia.
Key quotations
“Venue in a lawsuit filed pursuant to Bivens is governed by 28 U.S.C. § 1391(b).”
“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. 28 U.S.C. § 1406(a).”
Factual background
Plaintiff Sherman Lamont Fields, an inmate at USP‑Hazelton in Preston County, West Virginia, filed a pro se Bivens action against John Gilley alleging constitutional violations that occurred at the prison.
Procedural history
Plaintiff filed a Bivens action in the Eastern District of Texas. The court found venue improper under 28 U.S.C. §§1391(b) and 1406(a) and ordered transfer to the Northern District of West Virginia.
Remand instructions
Transferred to the United States District Court for the Northern District of West Virginia.