Plummer v. Bowie County, Texas
Filing
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MEMORANDUM OPINION AND ORDER REGARDING VENUE transferring petition to Eastern District of Arkansas. Signed by Magistrate Judge Caroline Craven on 12/12/2017. (sm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
MALCOM PLUMMER
§
VS.
§
BOWIE COUNTY, TEXAS
§
CIVIL ACTION NO. 5:17-CV-210
MEMORANDUM OPINION AND ORDER REGARDING VENUE
Petitioner, Malcom Plummer, an inmate confined in the Bowie County Jail, proceeding pro
se, filed this petition for writ of habeas corpus.
Petitioner states he is confined pursuant to a criminal judgment dated October 7, 2008 in
Cause Number 2007-00076-4 in Circuit Court of Chicot County, Arkansas. Petitioner was confined
in the Arkansas Department of Corrections pursuant to the order of the Chicot County Court.
Petitioner states that Wendy Kelley, Director for the Arkansas Department of Correction and
James Prince, Sheriff of Bowie County, Texas have violated the orders of the Chicot County Court
by transferring petitioner from the Arkansas Department of Correction to Bowie County Jail located
in Texarkana, Texas.
Petitioner asserts he is being illegally restrained in Texas because he has not been found
guilty of a crime in the state of Texas, nor does he have any charges or indictments pending against
him in the state of Texas. Petitioner contends his transfer to the Bowie County Jail violated the
judgment entered against him in Arkansas. Thus, he claims his confinement is unlawful.
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 Jail appears to be the result of some contractual arrangement between Bowie
County 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 the conviction
occurred. Pursuant to 28 U.S.C. § 83, Chicot County, where petitioner was convicted, is located in
the Pine Bluff 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 Pine Bluff Division of Eastern District of Arkansas.
SIGNED this 12th day of December, 2017.
____________________________________
CAROLINE M. CRAVEN
UNITED STATES MAGISTRATE JUDGE
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