Molina v. Wise County Texas
4:17-cv-00809
N.D. Tex.Sep 13, 2017Background
- Plaintiff, a federal prisoner currently in Minnesota, filed a 42 U.S.C. § 1983 complaint concerning events that occurred during his confinement in Wise County, Texas.
- Wise County lies in the Fort Worth Division of the Northern District of Texas, where the alleged incidents occurred.
- The magistrate judge considered whether transfer under 28 U.S.C. § 1404(a) was appropriate for convenience of parties and witnesses and in the interest of justice.
- The court noted that records and potential witnesses are more readily accessible in the Fort Worth Division, favoring transfer.
- The magistrate judge recommended transfer of the case to the Fort Worth Division of the Northern District of Texas.
- The report informed parties of their 14‑day right to file specific written objections under 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b), warning that failure to object waives appellate review except for plain error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue is proper or transfer is warranted under § 1404(a) | Plaintiff challenges conditions of confinement but contends case can proceed where filed | Defendant (or court) asserts convenience and access to evidence/witnesses favor Fort Worth Division | Court held transfer to the Fort Worth Division of the Northern District of Texas is recommended |
| Whether magistrate's recommendation must be contested to preserve appeal | Plaintiff may rely on prior briefing to object | Defendants (or court) require specific written objections identifying disputed findings | Court advised objections must be specific and failure to file them waives appellate review except for plain error |
Key Cases Cited
- Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484 (1973) (forum choice should favor resolution near site of controversy)
- Caldwell v. Palmetto State Savings Bank of South Carolina, 811 F.2d 916 (5th Cir. 1987) (district court has broad discretion to transfer under § 1404)
- Mills v. Beech Aircraft Corp., Inc., 886 F.2d 758 (5th Cir. 1989) (transfer discretion accorded district courts)
- Bell v. Watkins, 692 F.2d 999 (5th Cir. 1982) (convenience of witnesses and evidence supports transfer)
- Douglass v. United Services Automobile Ass'n, 79 F.3d 1415 (5th Cir. 1996) (failure to file specific objections to magistrate report waives appellate review)