Quick v. Alford

Filing 3

MEMORANDUM OPINION regarding tranfer. The petition should be transferred to the Dallas Division of the Northern District of Texas for hearing and determination. Signed by Magistrate Judge Earl S. Hines on 5/31/2011. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
STEVEN WAYNE QUICK

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 1:11-CV-115

MEMORANDUM OPINION REGARDING TRANSFER
Petitioner Steven Wayne Quick, an inmate confined at the Stiles 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 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
Title 28 U.S.C. § 2254(a) allows a district court to “entertain an application for a writ of
habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the
ground that he is in custody in violation of the Constitution or laws or treaties of the United States.”
28 U.S.C. § 2254(a). A state prisoner is required to file his federal petition for writ of habeas corpus
in either the district where the prisoner is incarcerated or the district where the prisoner was
convicted and sentenced. 28 U.S.C. § 2241(d). Although both district courts have jurisdiction to
entertain the application, “[t]he district court for the district wherein such an application is filed in
the exercise of its discretion and in furtherance of justice may transfer the application to the other
district court for hearing and determination.” Id.

This court has jurisdiction to entertain the petition because petitioner is currently confined
at the Stiles Unit in Jefferson County. Petitioner was convicted and sentenced in Hunt County,
Texas, which is located in the Northern District of Texas.
The court has considered the circumstances and has determined that the interests of justice
would be served by transferring this petition to the division where petitioner was convicted and
sentenced. Therefore, the petition should be transferred to the Dallas Division of the Northern
District of Texas for hearing and determination. An order transferring the case will be entered by
the undersigned.
Hello This is a Test

31
May
SIGNED this ______ day of _____________________________, 2011.
___________________________________
EARL S. HINES
UNITED STATES MAGISTRATE JUDGE

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