Ramirez v. Gechy

E.D. Texas

Ramirez v. Gechy

DecidedMay 22, 2025

Docket1:25-cv-00239

StatusUnknown

This text of Ramirez v. Gechy (Ramirez v. Gechy) is published on Counsel Stack Legal Research, covering District Court, E.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ramirez v. Gechy, (E.D. Tex. 2025).

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Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION ROMAN RAMIREZ § VS. § CIVIL ACTION NO. 1:25cv239 CASE MANAGER GECHY, ET AL. § MEMORANDUM OPINION AND ORDER Plaintiff Roman Ramirez, an inmate at the Federal Correctional Institution at Loretto, Penssylvania, proceeding pro se, filed the above-styled lawsuit pursuant to Bivens v. Six Unknown Agents of the Bureau of Narcotics and Dangerous Drugs, 403 U.S. 388 (1971) against Case Manager Gechy and Unit Manager Divers. The defendants are employed at the Federal Correctional Institution at Allenwood, Pennsylvania (“FCI-Allenwood”), where plaintiff was formerly incarcerated. Venue in a lawsuit filed pursuant to Bivens is governed by 28 U.S.C. § 1391(b). See Stafford v. Briggs, 444 U.S. 527, 542-45 (1980). Section 1391(b) provides that venue is proper only in the federal judicial district where any defendant resides, if all the defendants reside in the same state, or in the district where a substantial part of the events or omissions giving rise to the claim occurred. If a claim is asserted in a judicial district where venue is not proper, that court shall dismiss, or if it be in the interest of justice, transfer the claim to any district where it could have been brought. 28 U.S.C. § 1406(a). FCI Allenwood is in Union County, Pennsylvania. Pursuant to 28 U.S.C. § 128(b), Union County is located in the Middle District of Pennsylvania. The events of which plaintiff complains occurred in the Union County, where the defendants appear to reside. As a result, venue with respect to this lawsuit is not proper in this court. This case will therefore be transferred to the United States District Court for the Middle District of Pennsylvania. ORDER For the reasons set forth above, it is ORDERED that this matter is TRANSFERRED to the United States District Court for the Middle District of Pennsylvania.

SIGNED this 22nd day of May, 2025.

Zack wthormn United States Magistrate Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION ROMAN RAMIREZ § VS. § CIVIL ACTION NO. 1:25cv239 CASE MANAGER GECHY, ET AL. § MEMORANDUM OPINION AND ORDER Plaintiff Roman Ramirez, an inmate at the Federal Correctional Institution at Loretto, Penssylvania, proceeding pro se, filed the above-styled lawsuit pursuant to Bivens v. Six Unknown Agents of the Bureau of Narcotics and Dangerous Drugs, 403 U.S. 388 (1971) against Case Manager Gechy and Unit Manager Divers. The defendants are employed at the Federal Correctional Institution at Allenwood, Pennsylvania (“FCI-Allenwood”), where plaintiff was formerly incarcerated. Venue in a lawsuit filed pursuant to Bivens is governed by 28 U.S.C. § 1391(b). See Stafford v. Briggs, 444 U.S. 527, 542-45 (1980). Section 1391(b) provides that venue is proper only in the federal judicial district where any defendant resides, if all the defendants reside in the same state, or in the district where a substantial part of the events or omissions giving rise to the claim occurred. If a claim is asserted in a judicial district where venue is not proper, that court shall dismiss, or if it be in the interest of justice, transfer the claim to any district where it could have been brought. 28 U.S.C. § 1406(a). FCI Allenwood is in Union County, Pennsylvania. Pursuant to 28 U.S.C. § 128(b), Union County is located in the Middle District of Pennsylvania. The events of which plaintiff complains occurred in the Union County, where the defendants appear to reside. As a result, venue with respect to this lawsuit is not proper in this court. This case will therefore be transferred to the United States District Court for the Middle District of Pennsylvania. ORDER For the reasons set forth above, it is ORDERED that this matter is TRANSFERRED to the United States District Court for the Middle District of Pennsylvania.

SIGNED this 22nd day of May, 2025.

Zack wthormn United States Magistrate Judge

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Ramirez v. Gechy, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramirez-v-gechy-txed-2025.

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