Fountain v. Ramirez
MEMORANDUM OPINION REGARDING TRANSFER. Signed by Magistrate Judge Caroline Craven on 4/11/2017. (slo, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TONY RAY FOUNTAIN
CIVIL ACTION NO. 5:16-CV-193
MEMORANDUM OPINION REGARDING TRANSFER
Petitioner, Tony Ray Fountain, an inmate currently confined at the Connally Unit with the
Texas Department of Criminal Justice, Correctional Institutions Division, 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.
Title 28 U.S.C. § 2254(a) allows a district court to “entertain an application for 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.
In the present case, petitioner contests a state court conviction originating in Hopkins County,
Texas which is located in the Eastern District of Texas, Sherman Division. Furthermore, petitioner
is currently incarcerated at the Connally Unit located in the Western District of Texas, San Antonio
. Division. This Court, therefore, has discretion to transfer the application to the Eastern District of
Texas, Sherman Division for hearing and determination as petitioner was convicted and
sentenced in that division.
The Court has considered the circumstances underlying the particular facts of this case and
has determined that the interests of justice would be served by transferring this petition to the
division where petitioner was convicted. 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.
SIGNED this 11th day of April, 2017.
CAROLINE M. CRAVEN
UNITED STATES MAGISTRATE JUDGE
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