Hurt v. Hunt County
CourtCourt of Appeals for the Fifth Circuit
Date FiledNovember 13, 2026
Docket26-10377
StatusUnpublished
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Full Opinion
Case: 26-10377 Document: 40-1 Page: 1 Date Filed: 11/13/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 26-10377 November 13, 2026
Summary Calendar
Thomas B. Plunkett, III
____________ Clerk
John Hurt,
Plaintiff—Appellant,
versus
Hunt County, Texas; Terry Jones, in his official and individual
capacity; John Doe, Jail Staff; Bernalillo County, Clerk
of Court; New Mexico Administrative Office of the
Courts; John Doe, Clerks/Administrators,
Defendants—Appellees.
______________________________
Appeal from the United States District Court
For the Northern District of Texas
USDC No. 3:25-CV-3154
______________________________
Before Higginbotham, Smith, and Ho, Circuit Judges.
Per Curiam: *
John Hurt, proceeding pro se, appeals the district court’s dismissal of
his claims against New Mexico defendants John Doe Jail Staff; Bernalillo
County, New Mexico; Bernalillo County, Clerk of Court; New Mexico
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
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No. 26-10377
Administrative Office of the Courts; and John Doe Clerks/Administrators.
Hurt contends that after determining that it lacked jurisdiction over the New
Mexico defendants, the district court should have transferred some or all of
his claims to the United States District Court for the District of New Mexico
under 28 U.S.C. §§ 1406(a) and 1631. He further argues that the district
court improperly dismissed his claims “without conducting a claim-by-claim,
defendant-by-defendant, and relief-specific analysis,” and alternatively, that
he “alleged a prima facie basis for specific personal jurisdiction, or at
minimum alleged facts requiring jurisdictional discovery, amendment, or
transfer.” We AFFIRM.
I.
Hurt alleges, among other things, that the New Mexico defendants
improperly maintained or disseminated warrant and criminal-record
information that later resulted in his arrest and detention in Texas and caused
other injuries.
The magistrate judge recommended that the district court dismiss
Hurt’s claims and enter a final judgment against Hurt due to a lack of
personal jurisdiction over the New Mexico defendants, as well as a lack of
subject-matter jurisdiction as to certain claims. Hurt subsequently objected
to the magistrate’s recommendations and moved to transfer the remaining
claims against the New Mexico defendants to the District of New Mexico.
The magistrate judge then provided a supplemental recommendation that
Hurt’s motion to transfer should be denied. On April 20, 2026, the district
court adopted the recommendations of the magistrate judge and dismissed
Hurt’s claims without prejudice.
II.
We review the denial of a motion to transfer for abuse of discretion.
See Seville v. Maersk Line, Ltd., 53 F.4th 890, 897 (5th Cir. 2022); McCoy v.
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Energy XXI GOM, L.L.C., 695 F. App’x 750, 759 (5th Cir. 2017) (per
curiam). We review a dismissal for lack of personal jurisdiction de novo.
Alpine View Co. v. Atlas Copco AB, 205 F.3d 208, 214 (5th Cir. 2000).
III.
Hurt argues that the district court abused its discretion by declining to
transfer his claims to the District of New Mexico under 28 U.S.C. §§ 1406(a)
and 1631, which permit transfer to another district in the interests of justice
to cure venue and jurisdictional defects. But the district court reasonably
determined that transfer would not serve the interest of justice. As the
magistrate judge explained, Hurt should have known from his prior litigation
that his claims belonged in New Mexico, and he attempted to use this action
to collaterally attack the criminal proceedings there. See Seville, 53 F.4th at
897 (citation modified) (“We have long made clear that it is obviously not in
the interest of justice to allow § 1406 to be used to aid a non-diligent plaintiff
who knowingly files a case in the wrong district.”). Our review of the record
reveals no abuse of discretion.
Hurt alternatively argues that he alleged facts supporting jurisdiction
over the New Mexico defendants, but he fails to identify any error in the
district court’s analysis of jurisdiction. Hurt correctly acknowledges that
“[t]he specific-jurisdiction inquiry requires purposeful contacts by each
defendant with the forum,” yet fails to allege that any of the New Mexico
defendants had purposeful contacts with the state of Texas. See Panda
Brandywine Corp. v. Potomac Elec. Power Co., 253 F.3d 865, 869 (5th Cir.
2001). His assertion that “the challenged conduct foreseeably operated
through interstate law-enforcement, court-record, or background-check
systems” is insufficient to support a prima facie case for specific jurisdiction.
Wien Air Alaska, Inc. v. Brandt, 195 F.3d 208, 212 (5th Cir. 1999)
(“Foreseeable injury alone is not sufficient to confer specific jurisdiction,
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absent the direction of specific acts toward the forum.”). The district court
properly dismissed Hurt’s claims against the New Mexico defendants for
lack of personal jurisdiction.
Finally, Hurt, citing no relevant authority, contends that the district
court “improperly dismissed the remaining claims without conducting a
claim-by-claim, defendant-by-defendant, and relief-specific analysis.” But
the magistrate judge’s recommendations, adopted by the district court,
explained the grounds for dismissing the remaining claims and defendants.
And his contention that he should have been allowed amendment or
jurisdictional discovery is similarly unavailing. See Wyatt v. Kaplan, 686 F.2d
276, 284 (5th Cir. 1982) (citation omitted) (“When the lack of personal
jurisdiction is clear, discovery would serve no purpose and should not be
permitted.”); Brockman v. Texas Dep’t of Crim. Just., 397 F. App’x 18, 23
(5th Cir. 2010) (per curiam) (“[A] refusal to allow amendment is not an abuse
of discretion when the proposed amendment would be futile.”).
The judgment of the district court is AFFIRMED.
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