Holmes v. United States of America

Filing 3

MEMORANDUM AND OPINION REGARDING VENUE. It is ORDERED that this petition will be transferred to the Abilene Division of the United States District Court for the Northern District of Texas. Signed by Magistrate Judge Earl S. Hines on 9/3/10. (pkb, )

-ESH Holmes v. United States of America

Doc. 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION DONALD GENE HOLMES VS. UNITED STATES OF AMERICA § § § CIVIL ACTION NO. 1:10cv509

MEMORANDUM OPINION REGARDING VENUE Petitioner Donald Gene Holes, an inmate confined in the Federal Correctional Institution at Big Spring, Texas ("FCI-Big Spring"), proceeding pro se, filed what has been construed as a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner seeks credit towards his sentence for time spent in pretrial detention. A petition filed pursuant to Section 2241 must filed in the judicial district where the petitioner is incarcerated. United States v. Gabor, 905 F.2d 76 (5th Cir. 1990). FCI-Big Spring is located in the Abilene Division of the Northern District of Texas. As petitioner is not confined within

the Eastern District of Texas, this court lacks jurisdiction over his petition and may not adjudicate his claim. Accordingly, this

petition will be transferred to the Abilene Division of the United States District Court for the Northern District of Texas.

Dockets.Justia.com

A Transfer Order shall be entered in accordance with this Memorandum Opinion. Hello This is a Test SIGNED this

3

day of

September

, 2010.

EARL S. HINES UNITED STATES MAGISTRATE JUDGE

2