Summary
This memorandum opinion addresses a pro se civil rights complaint filed by an inmate against prison officials. The magistrate judge analyzes venue requirements under 28 U.S.C. § 1391 and concludes that the claims arose in Virginia, where both the defendants reside and the alleged constitutional violations occurred. Consequently, the court finds venue improper in the Eastern District of Texas and recommends transferring the case to the United States District Court for the Western District of Virginia.
Topics
Practice areas
Questions Presented
- Whether venue is proper in the Eastern District of Texas for civil rights claims arising from conduct at USP Lee in Virginia.
Holdings
- Venue is improper in the Eastern District of Texas; the case should be transferred to the United States District Court for the Western District of Virginia.
Key quotations
“When venue is not proper, the court “shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.” 28 U.S.C. §1406(a).”
Factual background
Plaintiff Sherman Lamont Fields, an inmate at USP Lee in Jonesville, Virginia, alleges constitutional violations that occurred at that facility. The defendants are officials employed at USP Lee and therefore reside in Jonesville, Virginia for venue purposes.
Remand instructions
Transfer the case to the United States District Court for the Western District of Virginia.