McGee v. Director TDCJ
MEMORANDUM OPINION REGARDING VENUE. Signed by Magistrate Judge Keith F. Giblin on 9/23/13. (ljw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LARRY JAMES MCGEE
CIVIL ACTION NO. 9:13cv243
MEMORANDUM OPINION REGARDING VENUE
Larry James McGee, an inmate confined in the Duncan Unit of
the Texas Department of Criminal Justice, Correctional Institutions
Division,, proceeding pro se, filed this petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2254.
Petitioner states that in 2008, he was convicted of possessing
marijuana in the 100th District Court of Carson County, Texas.
was sentenced to 25 years imprisonment.
Petitioner filed this petition for writ of habeas corpus in
the district in which he is currently confined.
Pursuant to 28
U.S.C. § 2241(d), a petitioner may bring a petition for writ of
habeas corpus in the district in which he was convicted or the
district in which he is incarcerated.
Section 2241(d) further
provides that a district court in the exercise of its discretion
may transfer the action to the other district in the furtherance of
Petitioner was convicted in Carson County, Texas. Pursuant to
28 U.S.C. § 124, Carson County is in the Amarillo Division of the
United States District Court for the Northern District of Texas.
As all records and witnesses involving this action may be located
in the Northern District, the transfer of this action to such
district would further justice.
Accordingly, this case will be transferred to the Amarillo
Division of the United States District Court for the Northern
District of Texas. A Transfer Order shall be entered in accordance
with this Memorandum Opinion.
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SIGNED this 23
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE
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