Stevenson v. Kelley
MEMORANDUM OPINION AND ORDER Overruling Petitioner's Objections and Transferring case to the Eastern District of Arkansas. Signed by District Judge Robert W. Schroeder, III on 1/12/2018. (slo, ) [Transferred from txed on 1/12/2018.]
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BOWIE COUNTY, TEXAS,
CIVIL ACTION NO. 5:17-CV-00213
MEMORANDUM OPINION AND ORDER
The Court previously referred this petition for writ of habeas corpus to the Honorable
Caroline M. Craven, United States Magistrate Judge. The Magistrate Judge has entered a
Memorandum Opinion and Order Regarding Venue providing that this matter be transferred to the
Northern Division for the Eastern District of Arkansas. Docket Nos. 3 & 4. Petitioner has filed
Objections to the Memorandum Opinion and Order. Docket No. 6.
The Magistrate Judge’s Memorandum Opinion and Order involved a nondispositive matter.
A District Judge may reconsider any such order where it is shown that the order is clearly erroneous
or contrary to law. Castillo v. Frank, 70 F.3d 382, 385 (5th Cir. 1995); 28 U.S.C. § 636(b)(1)(A).
Petitioner is incarcerated pursuant to a judgment filed in Case Number 94-425 in the Circuit
Court of Craighhead County, Arkansas. Petitioner states he has been forcibly transferred from the
custody of the Arkansas Department of Corrections to the Bowie County Correctional Center in
Texarkana, Texas. He states this action was taken pursuant to an order from the director of the
Arkansas Department of Corrections. Petitioner states no charges have been filed against him in
Texas and complains that his transfer to the Bowie County Correctional Center violates the orders
of the Arkansas state court where he was convicted. The Magistrate Judge concluded the petition
should be transferred to the Eastern District of Arkansas because his incarceration is the result of his
conviction in an Arkansas state court.
In his objections, Petitioner merely states he opposes the transfer as the petition deals with
Texas defendants and matters of Texas law, in addition to unidentified constitutional provisions.
After careful consideration, the Court is of the opinion that the Magistrate Judge’s
Memorandum Opinion and Order was not clearly erroneous or contrary to law. This Court and the
Eastern District of Arkansas have concurrent jurisdiction over this petition. 1 As Petitioner’s
incarceration in the Bowie County Correctional Center is due to his conviction in an Arkansas state
court and is not the result of any process issued by a Texas state court, it would be more appropriate
to have this petition adjudicated in the federal judicial district where a challenge to Petitioner’s
Arkansas conviction would be asserted. The Magistrate Judge therefore correctly concluded this
petition should be transferred. It is, therefore,
ORDERED that Petitioner’s objections to the Memorandum Opinion and Order Regarding
Venue are OVERRULED. It is further ORDERED this petition is TRANSFERRED to the
Northern Division for the Eastern District of Arkansas.
So ORDERED and SIGNED this 12th day of January, 2018.
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE
Title 28 U.S.C. § 2241(d) provides that a habeas petition may be filed in either the federal judicial district
where the petitioner was convicted or the judicial district where he is incarcerated.
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