Stevenson v. Bowie County, Texas
Filing
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MEMORANDUM OPINION AND ORDER REGARDING VENUE transferring petition to the Northern Division of the United States District Court for the Eastern District of Arkansas. Signed by Magistrate Judge Caroline Craven on 12/12/2017. (slo, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
LEROY STEVENSON
§
VS.
§
BOWIE COUNTY, TEXAS
§
CIVIL ACTION NO. 5:17-CV-213
MEMORANDUM OPINION AND ORDER REGARDING VENUE
Petitioner, Leroy Stevenson, 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 judgment filed in Case Number 94-425 in the
Circuit Court of Craighead County, Arkansas on December 5, 1994. Petitioner has been
continuously confined on these charges since that date with the Arkansas Department of Corrections
pursuant to the order of the Craighhead County Circuit 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 Pulaski County Circuit
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, Pulaski County, where petitioner was convicted, is located
in the Northern 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 Northern Division of the United States District Court for the Eastern District of Arkansas.
SIGNED this 12th day of December, 2017.
____________________________________
CAROLINE M. CRAVEN
UNITED STATES MAGISTRATE JUDGE
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