McFail v. Dir TDCJ
Filing
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MEMORANDUM AND OPINION ORDERING that petition for writ is TRANSFERRED to the Dallas Division of US District Courts for Northern Dist of Texas (CLERK IS HOLDING FOR 20 DAYS TO SEE IF ANY OBJECTIONS ARE FILED BEFORE TRANSFERRING ELEC RECORD - PER CLERK OF COURT). Signed by Magistrate Judge Caroline Craven on 9/12/2011. (sm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
ERNEST MCFAIL
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VS.
§
DIRECTOR, TDJC-CID
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CIVIL ACTION NO. 5:11-CV-172
MEMORANDUM OPINION AND ORDER
Petitioner Ernest McFail, an inmate confined at the Ellis Unit of the Texas Department of
Criminal Justice, Correctional Institutions Division in Huntsville, Texas, 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
either in 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 is confined in the Southern District of Texas. He was convicted and sentenced in
Hunt County, which is located in the Northern District of Texas. Therefore, this court lacks
jurisdiction to consider the petition. The court has considered the circumstances and has determined
that the interests of justice would best be served if this petition were transferred to the district where
petitioner was convicted and sentenced. It is accordingly
ORDERED that this petition for writ of habeas corpus is TRANSFERRED to the Dallas
Division of the United States District Court for the Northern District of Texas.
SIGNED this 12th day of September, 2011.
____________________________________
CAROLINE M. CRAVEN
UNITED STATES MAGISTRATE JUDGE
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