1

DeMarsh also asserts that Defendants harassed and intimidated his son, Steve DeMarsh.

Memorandum Opinion and Order - Page 1

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

GERALD L. DeMARSH, SR., §

§

Plaintiff, §

§

v. § Civil Action No. 3:05-CV-1562-L 

§

JUDGE VICKIE ISAACKS, §

JUDGE EVERETT YOUNG, §

JUDGE ROBIN RAMSEY, §

JUDGE LEE GABRIEL, §

BRUCE ISAACKS and TIM CURRY, §

§

Defendants. §

MEMORANDUM OPINION AND ORDER

Plaintiff Gerald L. DeMarsh, Sr. (“Plaintiff” or “DeMarsh”) brings this civil rights action

against Judge Vickie Isaacks (“V. Isaacks”), Judge Everett Young (“Young”), Judge Robin Ramsey

(“Ramsey”), Judge Lee Gabriel (“Gabriel”), Bruce Isaacks (“B. Isaacks”) and Tim Curry (“Curry”)

(collectively “Defendants”). DeMarsh contends that Defendants harassed him in violation of his

constitutional rights.1

Venue in a civil rights action is governed by 28 U.S.C. § 1391(b). See Davis v. Louisiana

State Univ., 876 F.2d 412, 413 (5th Cir. 1989). This statute provides that civil cases not founded

solely on diversity of citizenship must be brought in the judicial district where: (1) the defendant

resides; (2) a substantial part of the events or omissions giving rise to the claim occurred; or (3)

where any defendant may be found if there is no district in which the action may otherwise brought.

The court may also transfer a civil rights action to any proper judicial district or division “for the

 

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2

Pursuant to Fed. R. Evid. 201, the court takes judicial notice of this information, as it satisfies

the standard set forth in the rule. 

Memorandum Opinion and Order - Page 2

convenience of the parties and witnesses or in the interest of justice.” Id. § 1404(a); see also

Hardwick v. Brinson, 523 F.2d 798, 800 n.2 (5th Cir. 1975). Under this statute, the court may

transfer a case upon motion or sua sponte. Caldwell v. Palmetto State Savings Bank of South

Carolina, 811 F.2d 916, 919 (5th Cir. 1987); see also Mills v. Beech Aircraft Corp., Inc., 886 F.2d

758, 761 (5th Cir. 1989); Jarvis Christian College v. Exxon Corp., 845 F.2d 523, 528 (5th Cir. 1988).

DeMarsh sues Denton County Judges V. Isaacks and Gabriel; Denton County District

Attorney B. Isaacks, City of Denton Judge Ramsey; Tarrant County Judge Young; and Tarrant

County District Attorney Curry. Denton County lies within the Eastern District of Texas, Sherman

Division. 28 U.S.C. § 124(c)(3). Tarrant County lies within the Northern District of Texas, Fort

Worth Division. Id. at § 124(a)(2). DeMarsh and most of the Defendants reside in Denton County.

All of the events of which DeMarsh complains occurred in Denton or Tarrant County. Moreover,

documents and witnesses are either located in Denton or Tarrant County. In any event, this action

bears no relationship to the Dallas Division of the Northern District of Texas, or to the citizens of

such division that would be required to serve as jurors.

According to Mapquest.com, the distance between the Denton County courthouse and the

federal courthouse in Fort Worth is 39.34 miles with an approximate travel time of 46 minutes; the

distance between the Tarrant County courthouse and the federal courthouse in Fort Worth is .55

miles with an approximate travel time of 2 minutes; the distance between the Denton County

courthouse and federal courthouse in Sherman is 60.41 miles with an approximate travel time of one

hour; and the distance between the Tarrant County courthouse and the federal courthouse in

Sherman is 89.56 miles with an approximate travel time of one hour and 30 minutes.2

 The court

 

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Memorandum Opinion and Order - Page 3

determines, therefore, that for the convenience of the parties and witnesses, this case should be tried

in the Northern District, Fort Worth Division. Accordingly, the court sua sponte transfers this

action to the Fort Worth Division of the Northern District of Texas in accordance with 28 U.S.C.

§ 1404(a).

It is so ordered this 30th day of August, 2005.

_________________________________

Sam A. Lindsay

United States District Judge

 

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