Gomez v. Director TDCJ
Filing
3
MEMORANDUM OPINION AND ORDER. This petition for writ of habeas corpus is TRANSFERRED to the San Angelo Division of the United States District Court for the Northern District of Texas. Signed by Magistrate Judge Keith F. Giblin on 7/2/13. (ljw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
ENRIQUE GOMEZ
§
VS.
§
DIRECTOR, TDJC-CID
§
CIVIL ACTION NO. 9:13-CV-108
MEMORANDUM OPINION AND ORDER
Petitioner Enrique Gomez, an inmate confined at the Polunsky 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
either in 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.
This court has jurisdiction because petitioner is confined at the Polunsky Unit, which is
located in the Eastern District of Texas. Petitioner was convicted and sentenced in Tom Green
County, which is located in the Northern District of Texas. Because petitioner challenges his
conviction, the interests of justice would best be served by transferring the petition to the district
where petitioner was convicted and sentenced. It is accordingly
ORDERED that this petition for writ of habeas corpus is TRANSFERRED to the San
Angelo Division of the United States District Court for the Northern District of Texas.
Hello This is a Test
2
SIGNED this
July
day of
, 2013.
___________________________________
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE
2
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