Elliott v. Texas Department of Criminal Justice et al

Filing 2

MEMORANDUM OPINION regarding venue. As petitioner was not convicted in the Beaumont Division of this court and is not confined in such division, the court is of the opinion that this matter should be transferred to the Marshall Division of this court. A transfer order shall be entered. Signed by Judge Earl S. Hines on 6/26/06. (mrp, )

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Elliott v. Texas Department of Criminal Justice et al Doc. 2 Case 2:06-cv-00261-TJW-CMC Document 2 Filed 06/26/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JAMES EDWIN ELLIOTT VS. DIRECTOR, TDCJ-CID CIVIL ACTION NO. 1:06cv339 MEMORANDUM OPINION REGARDING VENUE Petitioner James Edwin Elliott, an inmate confined in the Billy Moore Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Discussion Petitioner states that on October 6, 1994, he was convicted of indecency with a child in Upshur County, Texas. sentenced to 12 years imprisonment. 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. Petitioner was convicted in Upshur County, Texas. Pursuant to 28 U.S.C. 124, Upshur County is in the Eastern District of Texas. However, Upshur County is located in the He was Marshall Division, rather than the Beaumont Division of this court. Petitioner is confined at the Billy Moore Unit, which is While Rusk County is located in the Eastern in Rusk County. District of Texas, it is located in the Tyler Division, rather than the Beaumont Division. Dockets.Justia.com Case 2:06-cv-00261-TJW-CMC Document 2 Filed 06/26/2006 Page 2 of 2 As petitioner was not convicted in the Beaumont Division of this court and is not confined in such division, the court is of the opinion that this matter should be transferred to the Marshall Division of this court. shall be entered. Hello This is a Test SIGNED this An appropriate transfer order 26 day of June , 2006. EARL S. HINES UNITED STATES MAGISTRATE JUDGE 2

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