Johnson v. Thaler
MEMORANDUM OPINION REGARDING TRANSFER. Petitioner was convicted and sentenced in Polk County which is located in the Lufkin Division of the Eastern District of Texas. The transfer of this action to the Lufkin Division would further justice. Signed by Magistrate Judge Earl S. Hines on 7/27/11. (mrp, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
JOE ISAAC JOHNSON
CIVIL ACTION NO. 1:11cv144
MEMORANDUM OPINION REGARDING TRANSFER
Petitioner Joe Isaac Johnson, an inmate confined at the McConnell 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.
On June 6, 2006, in the 258th District Court of Polk County, Texas, petitioner was convicted
of Engaging in Organized Criminal Activity and two counts of Theft. Petitioner sentenced to a term
of thirty-five (35) years imprisonment. Petitioner brings this petition alleging he was denied the
effective assistance of counsel.
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 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 Polk County which is located in the Lufkin
Division of the Eastern District of Texas. Thus, jurisdiction is proper in the Eastern District of
Texas. However, the petition has been inadvertently filed in the Beaumont Division instead of the
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. Mills v. Beech Aircraft Corp., 886 F.2d 758, 761 (5th Cir. 1989).
Since petitioner complains of a conviction which occurred in the Lufkin Division, all records
and witnesses involving this action most likely will be located in the Lufkin Division. Thus, the
transfer of this action to such division would further justice. Therefore, it is the opinion of the
undersigned that this petition should be transferred to the United States District Court for the Eastern
District of Texas, Lufkin Division. An Order of Transfer so providing shall be entered in accordance
with this Memorandum Opinion.
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EARL S. HINES
UNITED STATES MAGISTRATE JUDGE
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