Poole v. State Of Texas

Filing 7

ORDER TO TRANSFER CASE to the Eastern District of Texas, Tyler Division (Signed by Magistrate Judge Jason B Libby) Parties notified.(amireles, 2) [Transferred from Texas Southern on 10/25/2016.]

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
THOMAS RAY POOLE,
Petitioner,
VS.
STATE OF TEXAS,
Respondent.

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October 24, 2016
David J. Bradley, Clerk

CIVIL ACTION NO. 2:16-CV-437

OPINION AND ORDER OF TRANSFER
This is a habeas action filed on October 19, 2016, by a state prisoner incarcerated
at the Chaise Field Trustee Camp, which is located in Bee County, Texas. (D.E. 1).
Petitioner challenges his July 18, 2008 Henderson County conviction and sentence. (D.E.
1).
A habeas action may be filed either in the district where petitioner is in custody or
in the district in which petitioner was convicted. 28 U.S.C. § 2241(d); Wadsworth v.
Johnson, 235 F.3d 959 (5th Cir. 2000). Petitioner’s place of incarceration is in the
Corpus Christi Division of the Southern District of Texas, 28 U.S.C. § 124(b)(6), and he
was convicted by a court located in Henderson County in the Tyler Division of the
Eastern District of Texas. 28 U.S.C. § 124(c)(1).
For the convenience of parties and witnesses, in the interest of justice, a district
court may transfer any civil action to any other district or division where it might have
been brought. 28 U.S.C. §§ 1404(a) and 1406(a).

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A habeas application may be

transferred in furtherance of justice to the district court within which the state court was
held which convicted and sentenced the petitioner. 28 U.S.C. § 2241(d).

Because

petitioner was convicted in Henderson County, it is more convenient and would further
the interests of justice for this action to be handled in the Tyler Division of the Eastern
District of Texas. The records of his conviction and the prosecutor and defense lawyers
are all located in the Tyler Division of the Eastern District of Texas.
Accordingly, it is ordered that this case be transferred to the United States District
Court for the Eastern District of Texas, Tyler Division.
ORDERED this 24th day of October, 2016.
___________________________________
Jason B. Libby
United States Magistrate Judge

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