McCoy v. Newton

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
PRINCE MCCOY, SR. 	§
VS. 	§ 	CIVIL ACTION NO. 1:26-cv-56
ANTHONY NEWTON 	§
MEMORANDUM OPINION AND ORDER
Plaintiff Prince McCoy, Sr., an inmate confined at the Polunsky 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 against Anthony Newton. Plaintiff alleges Defendant,
the warden of the Estelle Unit, conspired with officers at the Estelle Unit to violate his constitutional
rights.
Discussion
The Civil Rights Act, 42 U.S.C. § 1981, et. seq., pursuant to which this case is brought, does
not contain a specific provision governing venue. 	Accordingly, venue in civil rights cases is
controlled by 28 U.S.C. § 1391. When, as in this case, subject-matter jurisdiction is not founded
solely on diversity of citizenship, 28 U.S.C. § 1391 provides that venue over the lawsuit is proper
only in the judicial district where the defendants reside or in which the claims arose. Tile 28 U.S.C.
§ 1406(a) provides that a case filed in the wrong district may be transferred to any district where it
could have been brought.
Plaintiff’s claims concern events that occurred at the Estelle Unit, which is in Walker
County, Texas. Pursuant to 28 U.S.C. § 124, Walker County is located in the Houston Division of
the Southern District of Texas. 	Plaintiff’s claims therefore arose in Walker County. 	Further,
Defendant appears to reside in Walker County.
As Plaintiff’s claims did not arise in the Eastern District of Texas and Defendant does not
reside in the Eastern District, venue is not proper in this court. 	This case will therefore be
transferred to the Houston Division of the Southern District of Texas.
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ORDER
For the reasons set forth above, it is ORDERED that this civil rights action is
TRANSFERRED to the Houston Division of the United States District Court for the Southern
District of Texas.
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___________________________________
Christine L Stetson
UNITED STATES MAGISTRATE JUDGE
SIGNED this the 17th day of February, 2026.
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