IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

NORMAN BELL, #1166921, )

Plaintiff, )

)

v. ) 3:05-CV-0752-N

)

TARRANT COUNTY SHERIFF’S )

DEPARTMENT, )

Defendant. )

FINDINGS, CONCLUSIONS AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

Pursuant to the provisions of 28 U.S.C. § 636(b), and an Order of the Court in

implementation thereof, the subject cause has been referred to the United States Magistrate

Judge. The findings, conclusions and recommendation of the Magistrate Judge, as evidenced by

his signature thereto, are as follows:

FINDINGS AND CONCLUSIONS:

Type of Case: This is an action brought by a state inmate pursuant to 42 U.S.C. § 1983. 

Parties: Plaintiff is presently confined at the Dawson State Jail in Dallas, Texas. 

Defendant is the Tarrant County Sheriff’s Department. The Court has neither issued process nor

determined whether Plaintiff should proceed in forma pauperis. 

Statement of Case: The complaint alleges Defendant falsely arrested Plaintiff for an

aggravated robbery that did not involve the use of a gun, and that occurred while he was at

home. Plaintiff seeks monetary compensation for pain and suffering and other relief. 

Findings and Conclusions: 28 U.S.C. § 1391(b), which governs venue of a federal cause

of action, provides in pertinent part as follows:

 

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(b) A civil action wherein jurisdiction is not founded solely on diversity of

citizenship may, except as otherwise provided by law, be brought only in (1) a

judicial district where any defendant resides, if all defendants reside in the same

State, (2) a judicial district in which a substantial part of the events or omissions

giving rise to the claim occurred, or a substantial part of property that is the

subject of the action is situated, or (3) a judicial district in which any defendant

may be found, if there is no district in which the action may otherwise be brought.

The events giving rise to Plaintiff’s cause of action occurred in Tarrant County, and

involved the Tarrant County Sheriff’s Department in Fort Worth, Texas. The City of Fort Worth

lies in Tarrant County, which is located within the Northern District of Texas, Fort Worth

Division. See 28 U.S.C. § 124(a)(2). Because Plaintiff’s claims arise out of events that occurred

in Tarrant County, the court has the authority to transfer this case for the convenience of the

parties and witnesses, and in the interest of justice, to the Fort Worth Division.

A district court may transfer any civil case “[f]or the convenience of parties and

witnesses, in the interest of justice, . . . to any other district or division where it might have been

brought.” 28 U.S.C. § 1404. Under this statute the court may transfer a case upon a motion or

sua sponte. Mills v. Beech Aircraft Corp., Inc., 886 F.2d 758, 761 (5th Cir. 1989). "Decisions to

effect § 1404 transfers are committed to the sound discretion of the transferring judge . . . .”

RECOMMENDATION:

For the foregoing reasons, it is recommended that this action be transferred to the Fort

Worth Division of the Northern District of Texas. 

The Clerk will mail a copy of this recommendation to Plaintiff.

Signed this 21st day of April, 2005.

 ____________________________________

 UNITED STATES MAGISTRATE JUDGE

 

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