Barksdale v. Director, TDCJ
Filing
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MEMORANDUM OPINION AND ORDER REGARDING VENUE Ordering that case is TRANSFERRED to Fort Worth Division in Northern District of Texas. (Held for 21 days pursuant to Local Rules to see if any objections). Signed by Magistrate Judge Caroline Craven on 1/11/2018. (sm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
MATTHEW ALLEN BARKSDALE
§
VS.
§
DIRECTOR, TDCJ-CID
§
CIVIL ACTION NO. 5:18cv6
MEMORANDUM OPINION AND ORDER REGARDING VENUE
Matthew Allen Barksdale, an inmate confined in the Telford
Unit of the Texas Department of Criminal Justice, Correctional
Institutions Division, filed this petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
Discussion
Petitioner complains of a conviction for aggravated sexual
assault of a child in the 266th District Court of Erath County,
Texas.
As a result of the conviction, petitioner was sentenced to
99 years of 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.
Section 2241(d) 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 Erath County, Texas. Pursuant to
28 U.S.C. § 124, Erath County is in Fort Worth Division of the
Northern District of Texas. As all records and witnesses involving
.
this action may be located in the Northern District, the transfer
of this action to such district would further justice.
For the reasons set forth above, it is
ORDERED that this case is TRANSFERRED to the Fort Worth
Division of the United States District Court for the Northern
District of Texas.
SIGNED this 11th day of January, 2018.
____________________________________
CAROLINE M. CRAVEN
UNITED STATES MAGISTRATE JUDGE
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