Egan v. Hudson

Filing 3

MEMORANDUM AND OPINION regarding venue. Signed by Magistrate Judge Earl S. Hines on July 15, 2010. (rml, )

Egan v. Hudson

Doc. 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION JOHN J. EGAN VS. DIRECTOR, TDCJ-CID § § § CIVIL ACTION NO. 5:10cv113

MEMORANDUM OPINION REGARDING VENUE Petitioner John J. Egan, an inmate confined at the Telford Unit of the Texas Department of Criminal Justice, Institutional Division, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Discussion Petitioner states he was previously convicted of escape in Anderson County, Texas. ment. 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 Anderson County, Texas. Pursuant to 28 U.S.C. § 124, Anderson County is in the Eastern District of Texas. However, Anderson County is located in the He was sentenced to 5 years imprison-

Tyler Division, rather than the Texarkana Division of this court.

Dockets.Justia.com

As all records and witnesses involving this action may be located in the Tyler Division of this court, the court is of the opinion that the transfer of this action to such division would further justice. Accordingly, this case should be transferred to the Sherman Division of this court. A Transfer Order shall be

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

15

day of

July

, 2010.

EARL S. HINES UNITED STATES MAGISTRATE JUDGE

2