Lee v. Dretke

Filing 5

MEMORANDUM OPINION regarding transfer. Signed by Judge Earl S. Hines on 3/21/06. (bjc, )

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Lee v. Dretke Doc. 5 Case 1:06-cv-00100-TH-ESH Document 5 Filed 03/21/2006 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JAMES ALLEN LEE VS. DIRECTOR, TDCJ-CID CIVIL ACTION NO. 1:06cv100 MEMORANDUM OPINION REGARDING TRANSFER Petitioner James Allen Lee, an inmate confined at the Dolph Briscoe Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, brings this petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. The above-styled action was referred to the undersigned magistrate judge pursuant to 28 U.S.C. 636 and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to the United States Magistrate Judge for findings of fact, conclusions of law, and recommendations for the disposition of the case. Discussion On January 21, 1999, in the 2nd Judicial District Court of Cherokee County, Texas, petitioner was convicted of injury to a child, aggravated assault, and injury to a child by omission. Petitioner was sentenced to forty (40) years imprisonment on all three counts, to be run concurrently. Petitioner brings this petition attacking his convictions and sentences. Pursuant to 28 U.S.C. 2241(d), a petitioner may bring his petition for writ of habeas corpus in the district court for the district wherein such person is in custody or in the district court 1 Dockets.Justia.com Case 1:06-cv-00100-TH-ESH Document 5 Filed 03/21/2006 Page 2 of 3 for the district within which he was convicted. Section 2241(d) further provides that the district court in the exercise of its discretion may transfer the action to the other district in the furtherance of justice. Petitioner was convicted and sentenced in Cherokee County which is located in the Tyler Division of the Eastern District of Texas. Texas. Thus, jurisdiction is proper in the Eastern District of However, the petition has been inadvertently filed in the Beaumont Division instead of the Tyler Division. While jurisdiction is proper in the Eastern District of Texas, the court has considered the circumstances and has determined that the interest of justice would best be served if this petition were transferred to the division in which the petitioner was convicted. Under 28 U.S.C. 1404(a), for the convenience of parties and witnesses and in the interest of justice, a district court may transfer any civil action to any other district or division where it could have been brought. Such a transfer may be done sua sponte and is reviewable only for an abuse of discretion. Aircraft Corp., 886 F.2d 758, 761 (5th Cir. 1989). Since petitioner complains of a conviction which occurred in the Tyler Division and all records and witnesses involving this action may be located in the Tyler Division, the transfer of this action to such division would further justice. Therefore, it is Mills v. Beech the opinion of the undersigned that this petition should be transferred to the United States District Court for the Eastern District of Texas, Tyler Division. 2 An Order of Transfer so Case 1:06-cv-00100-TH-ESH Document 5 Filed 03/21/2006 Page 3 of 3 providing shall be entered in accordance with this Memorandum Opinion. Hello This is a Test SIGNED this 21 day of March , 2006. EARL S. HINES UNITED STATES MAGISTRATE JUDGE 3

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