Landrum v. Director - Texas Department of Criminal Justice, Correctional Institutions Division

Filing 2

MEMORANDUM OPINION Regarding Transfer. Petitioner was convicted and sentenced in Smith County which is located in the Tyler Division. The court has determined that the interests of justice would best be served if this petition were transferred to the division where the petitioner was convicted and sentenced. An order transferring the case will be entered by the undersigned. Signed by Magistrate Judge Keith F. Giblin on 7/9/12. (mrp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JOHN NELSON LANDRUM

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 1:12-CV-295

MEMORANDUM OPINION REGARDING TRANSFER
Petitioner John Nelson Landrum, 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.
Discussion
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 Smith County which is located in the Tyler
Division.
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
the undersigned.
Hello This is a Test
SIGNED this

9

day of

July

, 2012.

___________________________________
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE

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