Clarke v. Director, TDCJ-CID
Filing
4
MEMORANDUM OPINION AND ORDER. 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. Signed by Magistrate Judge Zack Hawthorn on 11/21/22. (ljw, )
Case 1:22-cv-00492-TH-ZJH Document 4 Filed 11/21/22 Page 1 of 2 PageID #: 30
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JAMES DAVID CLARKE, JR.
§
VS.
§
DIRECTOR, TDCJ-CID
§
CIVIL ACTION NO. 1:22-CV-492
MEMORANDUM OPINION AND ORDER
Petitioner James David Clarke, Jr., an inmate currently confined at the Stiles Unit of the
Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, brings
this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
The petition was referred to the undersigned magistrate judge pursuant to 28 U.S.C. § 636
for findings of fact, conclusions of law, and recommendations for the disposition of the case.
Discussion
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 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.
Case 1:22-cv-00492-TH-ZJH Document 4 Filed 11/21/22 Page 2 of 2 PageID #: 31
Petitioner filed this petition in the Beaumont Division of the Eastern District of Texas.
Petitioner is confined at the Stiles Unit, which is located in the Eastern District of Texas. However,
Petitioner was convicted and sentenced in Montgomery County, which is located in the Houston
Division of the Southern District of Texas.
The court has considered the circumstances and has determined that the interest of justice
would be served by transferring this petition to the district where Petitioner was convicted and
sentenced. Therefore, the petition should be transferred to the Houston Division of the Southern
District of Texas for hearing and determination. 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.
SIGNED this 21st day of November, 2022.
_________________________
Zack Hawthorn
United States Magistrate Judge
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