Rutledge v. Weston

Filing 2

MEMORANDUM AND OPINION REGARDING VENUE As the above paragraph indicates, petitioner is notincarcerated in, and his criminal conviction did not occur in, theEastern District of Texas. As a result, this court lacksjurisdiction over the petition.As peti tioner complains of a prison disciplinary conviction,this petition shall be transferred to the Amarillo Division of theNorthern District of Texas. A Transfer Order shall be entered inaccordance with this Memorandum Opinion. Signed by Judge Keith F. Giblin on 5/13/08. (mpv, )

Rutledge v. Weston

Doc. 2

Case 5:08-cv-00083-DF-KFG

Document 2

Filed 05/14/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION KEVIN D. RUTLEDGE VS. H. WESTON § § § MEMORANDUM OPINION REGARDING VENUE Petitioner Kevin D. Rutledge, an inmate confined in the Neal 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. challenges a prison disciplinary conviction. Petitioner states that in 2006 he was convicted of possession of a controlled substance in Howard County, Texas. He was Petitioner CIVIL ACTION NO. 5:08cv83

sentenced to two years imprisonment. Pursuant to 28 U.S.C. § 2241(d), a petitioner may bring his petition for writ of habeas corpus in the federal judicial district in which he was convicted or the district in which he is

incarcerated. Petitioner's criminal conviction occurred in Howard County. Pursuant to 28 U.S.C. § 124, Howard County is in the Abilene Division of the United States District Court for the Northern District of Texas. Moreover, petitioner is currently confined at

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Case 5:08-cv-00083-DF-KFG

Document 2

Filed 05/14/2008

Page 2 of 2

the Neal Unit, which is in Potter County, Texas.

Pursuant to

Section 124, Potter County is located in the Amarillo Division of the United States District Court for the Northern District of Texas. As the above paragraph indicates, petitioner is not

incarcerated in, and his criminal conviction did not occur in, the Eastern District of Texas. As a result, this court lacks

jurisdiction over the petition. As petitioner complains of a prison disciplinary conviction, this petition shall be transferred to the Amarillo Division of the Northern District of Texas. A Transfer Order shall be entered in

accordance with this Memorandum Opinion. Hello This is a Test SIGNED this

13

day of

May

, 2008.

KEITH F. GIBLIN UNITED STATES MAGISTRATE JUDGE

2