Cammack v. Heirholzer
Filing
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MEMORANDUM OPINION REGARDING TRANSFER. Signed by Magistrate Judge Keith F. Giblin on 6/24/16. (ljw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
SUSAN-REBECCA CAMMACK
§
VS.
§
KERR COUNTY SHERIFF
§
CIVIL ACTION NO. 9:16-CV-90
MEMORANDUM OPINION REGARDING TRANSFER
Petitioner, Susan-Rebecca Cammack, proceeding pro se, filed what appeared to be a petition
for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Although not stated explicitly in the
petition, it appears petitioner is a pre-trial detainee at the Kerr County Jail based on the address
provided.
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
Petitioner appears to be currently confined as a pre-trial detainee at the Kerr County Jail in
Kerr County which is located within the Western District of Texas, San Antonio Division. Venue,
therefore, is not proper in the Eastern District of Texas, Lufkin Division. A District Court “may
transfer the application for hearing and determination to the district court having jurisdiction to
entertain it.” 28 U.S.C. § 2241(b); see also Rumsfeld v. Padilla, 542 U.S. 426, 442-43 (2004) (§
2241 pre-conviction habeas petitions can be filed only in the federal district where the petitioner is
in custody). Venue should be transferred to the Western District of Texas, San Antonio Division,
as petitioner is confined in Kerr County within that district.
Conclusion
The Court has considered the circumstances underlying the particular facts of this case and
has determined that the interests of justice would be served by transferring this petition to the
division where petitioner is currently confined as a pre-trail detainee. Therefore, the petition should
be transferred to the San Antonio Division of the Western District of Texas for hearing and
determination. An a Testtransferring the case will be entered by the undersigned.
Hello This is order
SIGNED this the ____ day of ___________________________, 2016.
24
June
_____________________________________
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE
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