Xuan v. Stacks

Filing 2

MEMORANDUM OPINION and Order transferring this action to the Lufkin Division of the US District Court for the Eastern District of TX. Signed by Magistrate Judge Zack Hawthorn on 11/20/17. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
BUI PHU XUAN

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VS.

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WARDEN D. STACKS

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CIVIL ACTION NO. 1:17-CV-488

MEMORANDUM OPINION AND ORDER
Petitioner Bui Phu Xuan, a detainee confined in Livingston, Texas, proceeding pro se, brings
this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
Analysis
To entertain a habeas petition brought under 28 U.S.C. § 2241, the district court must have
jurisdiction over the prisoner. United States v. Gabor, 905 F.2d 76, 77-78 (5th Cir. 1990).
Accordingly, a prisoner must file a § 2241 petition in the district where he is incarcerated. Lee v.
Wetzel, 244 F.3d 370, 375 n. 5 (5th Cir. 2001); Gabor, 905 F.2d at 78. If the petitioner files in
another district, that court lacks jurisdiction over the petition. United States v. Brown, 753 F.2d 455
(5th Cir. 1985). If the court in which the petition was filed lacks jurisdiction, 28 U.S.C. § 1631
permits the court to transfer the action, in the interest of justice, to a court where the action could
have been brought.
After reviewing the pleadings, the court has concluded that jurisdiction is proper in the
Eastern District of Texas because petitioner is confined in Livingston, Texas, which is located in the
Lufkin Division of the Eastern District of Texas. However, petitioner filed this petition in the
Beaumont Division of the Eastern District of Texas. The court has considered the circumstances and

has determined that the petition for writ of habeas corpus should be transferred to the Lufkin
Division, where petitioner is confined. It is accordingly
ORDERED that this petition for writ of habeas corpus is TRANSFERRED to the Lufkin
Division of the United States District Court for the Eastern District of Texas.
SIGNED this 20th day of November, 2017.

_________________________
Zack Hawthorn
United States Magistrate Judge

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