Kidd v. State of Texas
MEMORANDUM OPINION Regarding Venue. Signed by Magistrate Judge Zack Hawthorn on 10/15/13. (tkd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:13-CV-170
MEMORANDUM OPINION REGARDING VENUE
Petitioner, Bernard Kidd, a prisoner currently confined at the Larry Gist Unit with the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma
pauperis, filed 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.
Petitioner states he is challenging a 2012 conviction for aggravated robbery in the 145th
District Court of Nacogdoches County, Texas.
Petitioner filed this petition for writ of habeas corpus in the district in which he was
convicted. Pursuant to 28 U.S.C. § 2241(d), a petitioner may bring his petition for writ of habeas
corpus in the district in which he was convicted or the district in which he is incarcerated.
Accordingly, this court has jurisdiction over this petition.
However, while Nacogdoches County is located within the Eastern District of Texas, it is
in the Lufkin Division, rather than the Beaumont Division of the Eastern District of Texas. As a
result, this case should be transferred to the Lufkin Division of this court. A Transfer Order shall
be entered in accordance with this Memorandum Opinion.
SIGNED this 15th day of October, 2013.
United States Magistrate Judge
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