Avila v. Placido et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION
ISRAEL AVILA,
Plaintiff,
VS.
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CIVIL ACTION NO. 6:26-CV-00002
SAMINIEGO JR. PLACIDO, et al.,
Defendants.
OPINION AND ORDER OF TRANSFER
Plaintiff Israel Avila, appearing pro se, has filed this prisoner civil rights action
pursuant to 42 U.S.C. § 1983. Plaintiff is a prisoner in the Texas Department of Criminal
Justice, Criminal Institutions Division (“TDCJ”) and is currently housed at the McConnell
Unit in Beeville, Texas. In this action, Plaintiff sues three officials from the McConnell
Unit: (1) Assistant Warden Placido Samaniego, Jr.; (2) Warden Larissa Wysocki; and (3)
Major Aaron M. Cavazos. (D.E. 1, pp. 1, 3). Plaintiff generally alleges that Defendants
“demoted” his custody level resulting in his life being placed at risk. Id. at 4.
A civil action wherein jurisdiction is not founded solely on diversity of citizenship
may be brought in (1) a judicial district where any defendant resides, if all defendants reside
in the same state, or (2) a judicial district in which a substantial part of the events or
omissions giving rise to the claim occurred. 28 U.S.C. § 1391(b). “The district court of a
district in which is filed a case laying venue in the wrong division or district shall dismiss,
United States District Court
Southern District of Texas
ENTERED
January 16, 2026
Nathan Ochsner, Clerk
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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).
Plaintiff seeks to hold three McConnell Unit officials responsible for his custody
demotion that caused his life to be placed in danger. Each of these defendants reside in
Bee County, which is not within the Victoria Division of the Southern District of Texas.
Furthermore, it is apparent that the substantial part of the events forming the basis of
Plaintiff’s claims occurred at the McConnell Unit, which is located in Bee County, Texas.
Venue, therefore, is not proper in this division. 28 U.S.C. § 1406(a). The interest of justice,
therefore, will be served by transferring this action to the Corpus Christi Division of the
Southern District of Texas. See 28 U.S.C. § 124(b)(6).
Accordingly, it is ORDERED that this case, including all pleadings and motions
filed therein, be transferred to the United States District Court for the Southern District of
Texas, Corpus Christi Division. The Clerk of Court is directed to CLOSE this case in this
division.
ORDERED on January 16, 2026.
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Julie K. Hampton
United States Magistrate Judge
Case 2:26-cv-00023 Document 6 Filed 01/16/26 in TXSD Page 2 of 2