Brewer v. Bowie County, Texas

Filing 5

MEMORANDUM OPINION AND ORDER REGARDING VENUE Ordering that this petition is TRANSFERRED to the Jonesboro Division of US District Court for Eastern District of Arkansas. (Held for 20 days pursuant to Local Rule 83. Signed by Magistrate Judge Caroline Craven on 11/29/2017. (sm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
NICKELAS NECESSITY BREWER

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VS.

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BOWIE COUNTY, TEXAS

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CIVIL ACTION NO. 5:17cv186

MEMORANDUM OPINION AND ORDER REGARDING VENUE
Petitioner Nickelas Necessity Brewer, an inmate confined in the Bowie County Correctional
Center, proceeding pro se, filed this petition for writ of habeas corpus.
According to the website operated by the Arkansas Department of Corrections, petitioner was
previously convicted of residential burglary in Craighead County, Arkansas. Petitioner references
the indictment for this offense in his petition. Petitioner states that on August 3, 2017, he was
forcibly transferred from the custody of the Arkansas Department of Corrections to the Bowie
County Correctional Center in Texarkana, Texas. Petitioner states no charges have been filed against
him in Texas.
Pursuant to 28 U.S.C. § 2241(d), a petitioner may bring his petition for writ of habeas corpus
in either the federal judicial district in which he was convicted or the district in which he is
incarcerated. As petitioner states no Texas charges have been filed against him, his incarceration
in the Bowie County Correctional Center appears to be the result of some contractual arrangement
between the Center and the Arkansas Department of Corrections. Accordingly, his incarceration is
due to his Arkansas conviction rather than any action by a Texas court.
As petitioner’s incarceration is the result of an Arkansas conviction, the Court is of the
opinion this petition should be transferred to the federal judicial district where a petitioner physically
incarcerated in Arkansas would file a petition challenging an Arkansas conviction. Pursuant to 28
U.S.C. § 83, Craighead County, where petitioner was convicted, is located in the Jonesboro Division
of the Eastern District of Arkansas. This petition will therefore be transferred to such division and
district.

ORDER
For the reasons set forth above, it is ORDERED that this petition is TRANSFERRED to
the Jonesboro Division of the United States District Court for the Eastern District of Arkansas.
SIGNED this 29th day of November, 2017.

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CAROLINE M. CRAVEN
UNITED STATES MAGISTRATE JUDGE

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