White v. Director TDCJ
MEMORANDUM OPINION AND ORDER REGARDING VENUE. This matter is TRANSFERRED to the United States District Court for the Western District of Oklahoma. Signed by Magistrate Judge Keith F. Giblin on 10/29/14. (ljw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
IRVINE P. WHITE
CIVIL ACTION NO. 9:13cv299
MEMORANDUM OPINION AND ORDER REGARDING VENUE
Irvine P. White, an inmate confined at the Eastham Unit of the
Texas Department of Criminal Justice, Correctional Institutions
Division, proceeding pro se, filed this petition for writ of habeas
Petitioner is challenging a detainer lodged with his
custodian by Oklahoma authorities as a result of an indictment
returned against him in Cotton County, Oklahoma.
petitioner or the custodian.
(5th Cir. 1990).
To entertain a
United States v. Gabor, 905 F.2d 76
When a prisoner is confined in one state and
challenges a detainer which has been lodged against him by another
state, the prisoner is deemed to be "in custody" in the charging
state by virtue of the detainer.
Kentucky, 410 U.S. 484 (1973)).
See Rumsfeld v. Padilla, 542 U.S.
"Under Braden, then, a habeas
petitioner who challenges a form of 'custody' other than present
physical confinement may name as the respondent the entity or
person who exercises legal control with respect to the challenged
Rumsfeld v. Padilla, 410 U.S. at 438.
In this case, petitioner is confined within the territorial
jurisdiction of this court, but is challenging a detainer which has
been lodged against him by Oklahoma authorities. As a result, both
this court and the United States District Court for the Western
The Supreme Court in Braden addressed a similar situation and
concluded that while the federal court in the district of confinement
confinement will not ordinarily prove as convenient as the district
court in the state which has lodged the detainer.
Braden, 410 U.S.
at 499, n.15.
challenge to his detainer are located in the Western District of
Oklahoma, the court is of the opinion this matter should be
transferred to the federal court located in such district.
For the reasons set forth above, it is
ORDERED that this matter is TRANSFERRED to the United States
District Court for the Western District of Oklahoma.
Hello This is a Test
29 day of
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE
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