Charles v. Parker et al

Filing 2

MEMORANDUM OPINION and Order Regarding Venue. This case is transferred to the Dallas Division of the US District Court for the Northern District of TX. Signed by Magistrate Judge Zack Hawthorn on 11/14/17. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
VERNON CHARLES

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 1:17cv479

MEMORANDUM OPINION AND ORDER REGARDING VENUE
Vernon Charles, an inmate confined in the Telford Unit of the Texas Department of Criminal
Justice, Correctional Institutions Division, proceeding pro se, filed what has been construed as a
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.1
Discussion
Petitioner complains of a conviction for murder in the 363rd District Court of Dallas County,
Texas. He filed this petition for writ of habeas corpus in the Eastern District of Texas, the federal
judicial district in which he is currently confined. Pursuant to 28 U.S.C. § 2241(d), a petitioner may
bring a petition for writ of habeas corpus in the federal judicial district in which he was convicted
or in the district where he is incarcerated. In addition, Section 2241(d) provides that a district court
in the exercise of its discretion may transfer the action to the other district in the furtherance of
justice.
Petitioner was convicted in Dallas County, Texas. Pursuant to 28 U.S.C. § 124, Dallas
County is in the Dallas Division of the United States District Court for the Northern District of
Texas. As all records and witnesses involving this action and the underlying criminal conviction
may be located in the Northern District, the transfer of this action to such district would further
justice. It is therefore

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Petitioner filed his petition on a form used to file a petition for writ of habeas corpus pursuant to 28
U.S.C. § 2241. However, as petitioner is incarcerated pursuant to a state court judgment, he must seek relief under
28 U.S.C. § 2254, which “confers jurisdiction upon the federal courts to hear collateral attacks on state court
judgments.” Wadsworth v. Johnson, 235 F.3d 959, 961 (5th Cir. 2000).

ORDERED that this case is TRANSFERRED to the Dallas Division of the United States
District Court for the Northern District of Texas.
SIGNED this 14th day of November, 2017.

_________________________
Zack Hawthorn
United States Magistrate Judge

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