Traylor v. State of Texas
MEMORANDUM OPINION Regarding Transfer. Signed by Magistrate Judge Zack Hawthorn on 10/18/11. (tkd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TONY ANTHONY TRAYLOR
CIVIL ACTION NO. 1:11-CV-522
MEMORANDUM OPINION REGARDING TRANSFER
Petitioner Tony Anthony Traylor, an inmate confined at the Gurney Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, brings this
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
The above-styled action was referred to the undersigned magistrate judge pursuant to 28
U.S.C. § 636 and the Local Rules for the Assignment of Duties to the United States Magistrate Judge
for findings of fact, conclusions of law, and recommendations for the disposition of the case.
Title 28 U.S.C. § 2254(a) allows a district court to “entertain an application for a writ of
habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the
ground that he is in custody in violation of the Constitution or laws or treaties of the United States.”
28 U.S.C. § 2254(a). A state prisoner is required to file his federal petition for writ of habeas corpus
in either the district where the prisoner is incarcerated or the district where the prisoner was
convicted and sentenced. 28 U.S.C. § 2241(d). Although both district courts have jurisdiction to
entertain the application, “[t]he district court for the district wherein such an application is filed in
the exercise of its discretion and in furtherance of justice may transfer the application to the other
district court for hearing and determination.” Id.
Petitioner filed this petition in the Beaumont Division of the Eastern District of Texas.
However, petitioner was convicted and sentenced in Rusk County which is located in the Tyler
The court has considered the circumstances and has determined that the interests of justice
would best be served if this petition were transferred to the division where petitioner was convicted
and sentenced. Therefore, the petition should be transferred to the Tyler Division of the Eastern
District of Texas for hearing and determination. An order transferring the case will be entered by
SIGNED this 18th day of October, 2011.
United States Magistrate Judge
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