Carr v. Bowie County, Texas
Filing
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MEMORANDUM OPINION AND ORDER REGARDING VENUE. It is ORDERED that petition is TRANSFERRED to the Fayetteville Division of the United States District Court for the Western District of Arkansas. Signed by Magistrate Judge Caroline Craven on 1/19/2018. (slo, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
CHRISTOPHER MAURICE CARR
§
VS.
§
BOWIE COUNTY, TEXAS
§
CIVIL ACTION NO. 5:18cv7
MEMORANDUM OPINION AND ORDER REGARDING VENUE
Petitioner Christopher Maurice Carr, an inmate confined in the Bowie County Jail,
proceeding pro se, filed this petition for writ of habeas corpus.
Petitioner states that on September 7, 2016, pursuant to an order of Ms. Wendy Kelley, the
Director of the Arkansas Department of Corrections, he was transferred from the Arkansas
Department of Corrections to the Bowie County Jail located in Texarkana, Texas. The information
available on the Arkansas Department of Corrections Inmate Search website indicates Petitioner is
confined pursuant to multiple criminal convictions from Washington County, Arkansas. See
https://apps.ark.org/inmate_info/search.php. 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 judgments 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 convictions rather than any action by a Texas court.
As petitioner’s incarceration is the result of his Arkansas convictions, the Court is of the
opinion this petition should be transferred to the federal judicial district where the convictions
.
occurred. Pursuant to 28 U.S.C. § 83, Washington County, where petitioner was convicted, is
located in the Fayetteville Division of the Western 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 Fayetteville Division of the United States District Court for the Western District of Arkansas.
SIGNED this 19th day of January, 2018.
____________________________________
CAROLINE M. CRAVEN
UNITED STATES MAGISTRATE JUDGE
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