Nichols v. Director TDCJ-CID

Filing 5

MEMORANDUM OPINION Regarding Venue. Signed by Magistrate Judge Keith F. Giblin on 5/21/13. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
SYLVESTER NICHOLS

§

VS.

§

DIRECTOR, TDCJ-CID

§

CIVIL ACTION NO. 1:13cv306

MEMORANDUM OPINION REGARDING VENUE
Petitioner Sylvester Nichols, an inmate confined in the Stiles
Unit of the Texas Department of Criminal Justice, Institutional
Division, proceeding pro se, filed this petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
Discussion
In 2011, petitioner was convicted of a criminal offense in the
217th District Court of Angelina County, Texas.

He was sentenced

to 50 years imprisonment.
Petitioner filed this petition for writ of habeas corpus in
the district in which he was convicted.

Pursuant to 28 U.S.C.

§ 2241(d), a petitioner may bring his petition for writ of habeas
corpus in the district in which he was convicted or the district in
which he is incarcerated. Accordingly, this court has jurisdiction
over the petition.
However, while Angelina County is located within the Eastern
District of Texas, it is in the Lufkin Division, rather than the
Beaumont Division.

As a result, this case should be transferred to

the Lufkin Division of this court.

A Transfer Order shall be

entered in accordance with this Memorandum Opinion.
Hello This is a Test
SIGNED this 21

May

day of

, 2013.

KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE

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