Nino-Mata v. USA **CASE TRANSFERRED TO SHERMAN DIVISION.***

Filing 6

MEMORANDUM OPINION Regarding Transfer. Signed by Magistrate Judge Keith F. Giblin on 8/24/17. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
GUILLERMO NINO-MATA

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VS.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 1:17-CV-361

MEMORANDUM OPINION REGARDING TRANSFER
Movant, Guillermo Nino-Mata, an inmate currently confined at the Oakdale Federal
Detention Center in Oakdale, Louisiana, proceeding pro se, filed this motion to vacate, set aside, or
correct sentence pursuant to 28 U.S.C. § 2255.
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
A movant may file a § 2255 motion only in the court that imposed the challenged judgment.
See 28 U.S.C. § 2255(a); United States v. Weathersby, 958 F.2d 65, 66 (5th Cir. 1992). The United
States District Court for the Eastern District of Texas, Sherman Division, entered judgment against
movant for conspiring to possess with the intent to distribute methamphetamine. See United States
v. Nino-Mata, Cause No. 4:13-CR-268 (E.D. Tex. Mar. 18 2015). After an unsuccessful direct
appeal, movant filed the above-referenced motion to vacate, set aside, or correct sentence in Northern
District of Texas, Dallas Division. United States v. Nino-Mata, 668 F. App’x 567 (5th Cir. 2016).
The Northern District of Texas, Dallas Division, transferred the motion to vacate, set aside, or
correct sentence to the Eastern District of Texas, Beaumont Division, in error.
Because the Eastern District of Texas, Sherman Division, entered the judgment that movant
challenges, this actions should be transferred to the Sherman Division.

Conclusion
This motion to vacate, set aside, or correct sentence filed pursuant to 28 U.S.C. § 2255
should be transferred to the Eastern District of Texas, Sherman Division for hearing and
determination as movant was convicted in the Sherman Division. An order transferring the case will
be entered by the undersigned.
SIGNED this the 24th day of August, 2017.

____________________________________
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE

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