York v. Dir TDCJ

Filing 3

MEMORANDUM AND OPINION REGARDING VENUE. Signed by Magistrate Judge Caroline Craven on 1/24/2013. (sm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
MAURICE MERVON YORK

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 5:13cv6

MEMORANDUM OPINION REGARDING VENUE
Petitioner Maurice Mervon York, an inmate confined in the
Telford 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.
Discussion
Petitioner states that in 2010 he was convicted of aggravated robbery in the 299th District Court of Travis County,
Texas.

He was sentenced to 50 years imprisonment.

Petitioner filed this petition for writ of habeas corpus in
the district in which he is currently confined.

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.

This section further

provides that the district court in the exercise of its
discretion may transfer the action to the other district in the
furtherance of justice.
Petitioner was convicted in Travis County, Texas.

Pursuant to 28 U.S.C. § 124, Travis County is in the Austin
Division of the Western District of Texas.
.

As the records and

witnesses concerning petitioner's conviction will be located in
the Western District, the Court is of the opinion that the
transfer of this action to the Western District would further
justice.
Accordingly, this case will be transferred to the
Waco Division of the United States District Court for the Western
District of Texas.

A Transfer Order shall be entered in accor-

dance with this Memorandum Opinion.
SIGNED this 24th day of January, 2013.

____________________________________
CAROLINE M. CRAVEN
UNITED STATES MAGISTRATE JUDGE

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