Johnson v. Moore
MEMORANDUM OPINION and Order transferring this petition for writ of habeas corpus to the Houston Division of the US District Court for the Southern District of TX. Signed by Magistrate Judge Keith F. Giblin on 6/28/13. (tkd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
ANTHONY DEON JOHNSON
CIVIL ACTION NO. 1:13-CV-305
MEMORANDUM OPINION AND ORDER
Petitioner Anthony Deon Johnson, an inmate confined at the Larry Gist State Jail, 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.
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.
Petitioner was convicted and sentenced in Montgomery County, Texas, which is located in
the Southern District of Texas. This court has jurisdiction to entertain the petition because petitioner
is currently confined at the Gist State Jail in Jefferson County. The court has considered the
circumstances and has determined that the interests of justice would be served by transferring this
petition to the district where petitioner was convicted and sentenced. It is accordingly
ORDERED that this petition for writ of habeas corpus is TRANSFERRED to the Houston
Division of the United States District Court for the Southern District of Texas.
Hello This is a Test
28 day of
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE
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