James v. Director TDCJ-CID

Filing 3

MEMORANDUM OPINION and Order to transfer this action to the Marshall Division of the US District Court for the Eastern District of TX. Signed by Magistrate Judge Keith F. Giblin on 4/29/19. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION CEDRIC JAMES § VS. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 1:19cv186 MEMORANDUM OPINION AND ORDER REGARDING VENUE Petitioner Cedric James, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Discussion Petitioner states that in 2018 he was convicted of a criminal offense in the 71st District Court of Harrison County, Texas. He was sentenced to 15 years of imprisonment. 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. . As stated above, petitioner was convicted of a criminal offense in Harrison County, Texas. Pursuant to 28 U.S.C. § 124, Harrison County is located in the Eastern District of Texas. However, Harrison County is located in the Marshall Division, rather than the Beaumont Division of this court. As all records and witnesses involving this action may be located in the Marshall Division of this court, the transfer of this action to such division would further justice. ORDER For the reasons set forth above, this case is TRANSFERRED to the Marshall Division of this court. SIGNED this the 29th day of April, 2019. ____________________________________ KEITH F. GIBLIN UNITED STATES MAGISTRATE JUDGE

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