Jester v. Livingston

Filing 2

MEMORANDUM OPINION regarding transfer. The court has considered the circumstances and has determined that the interest of justice would best be served if this petition were transferred to the division where petitioner was convicted and sentenced. The petition should be transferred to the Sherman Division of the Eastern District of Texas for hearing and determination. Signed by Judge Keith F. Giblin on 2/14/07. (mrp, )

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Jester v. Livingston Doc. 2 Case 4:07-cv-00107-RAS-DDB Document 2 Filed 02/14/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION DANNY JESTER, JR. VS. DIRECTOR, TDCJ-CID CIVIL ACTION NO. 1:07-CV-82 MEMORANDUM OPINION REGARDING TRANSFER Petitioner Danny Jester, Jr., an inmate confined at the Gist State Jail, 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. 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 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. Dockets.Justia.com Case 4:07-cv-00107-RAS-DDB Document 2 Filed 02/14/2007 Page 2 of 2 Petitioner filed this petition in the Beaumont Division of the Eastern District of Texas. However, petitioner was convicted and sentenced in Delta County which is located in the Sherman Division. The court has considered the circumstances and has determined that the interest of justice would best be served if this petition were transferred to the division where petitioner was convicted and sentenced. Therefore, the petition should be transferred to the Sherman Division of the Eastern District of Texas for hearing and determination. An order transferring the case will be entered by the undersigned. Hello This is a Test SIGNED this ______ day of _____________________________, 2007. February 14 ___________________________________ KEITH F. GIBLIN UNITED STATES MAGISTRATE JUDGE 2

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