Duckett v. Director, TDCJ-CID
MEMORANDUM OPINION AND ORDER. This petition for writ of habeas corpus is TRANSFERRED to the Marshall Division of the United States District Court for the Eastern District of Texas. Signed by Magistrate Judge Keith F. Giblin on 5/1/14. (ljw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
RICKEY DALE DUCKETT
CIVIL ACTION NO. 9:14-CV-52
MEMORANDUM OPINION AND ORDER
Petitioner Rickey Dale Duckett, an inmate confined at the Stevenson 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 above-styled action was referred to the undersigned magistrate judge pursuant to 28
U.S.C. § 636 and the Local Rules for the Assignment of Duties to the United States Magistrate Judge
for findings of fact, conclusions of law, and recommendations for the disposition of the case.
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 either 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.
Petitioner filed this petition in the Lufkin Division of the Eastern District of Texas. However,
petitioner was convicted and sentenced in Cass County, which is located in the Marshall Division.
The court has considered the circumstances and has determined that the interests of justice would
be served best by transferring this petition to the division where petitioner was convicted and
sentenced. Therefore, the petition should be transferred to the Marshall Division of the Eastern
District of Texas for hearing and determination. It is accordingly
ORDERED that this petition for writ of habeas corpus is TRANSFERRED to the Marshall
Division of the United States District Court for the Eastern District of Texas.
Hello This is a Test
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE
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