Simmonds v. Thaler

Filing 10

MEMORANDUM ORDER Regarding Transfer. Signed by Magistrate Judge Keith F. Giblin on 4/9/12. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
GORDON R. SIMMONDS

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 1:12cv163

MEMORANDUM ORDER REGARDING TRANSFER
Petitioner Gordon R. Simmonds, an inmate confined at the Robertson Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Discussion
On June 6, 2000, in the 252nd District Court of Jefferson County, Texas, petitioner was
convicted of possession of child pornography and sentenced to 50 years imprisonment in the Texas
Department of Criminal Justice. Petitioner brings this petition challenging the validity a prison
disciplinary conviction received on October 20, 2010 while confined at the Robertson Unit,
disciplinary report number 20110048516.
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 originally convicted within the jurisdictional boundaries of this court.
However, the disciplinary conviction which forms the basis of this petition occurred at the Robertson
Unit, located in Jones County, Texas. Additionally, petitioner is currently confined at the Robertson
Unit. Pursuant to 28 U.S.C § 124, Jones County is in the Northern District of Texas.
While jurisdiction is proper in the Eastern District of Texas because the prisoner was
originally convicted within the district court's territorial boundaries, 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 district in which the petitioner is confined and the disciplinary conviction
occurred.
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 disciplinary conviction which occurred in the Northern
District of Texas and all records and witnesses involving this action may be located in the Northern
District, 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
Northern District of Texas, Abilene Division. An Order of Transfer so providing shall be entered
in accordance with this Memorandum Order.
Hello This is a Test
SIGNED this

9 day of

April

, 2012.

KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE

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