Carter v. Director TDCJ

Filing 2

MEMORANDUM OPINION REGARDING TRANSFER. The petition should be transferred to the Houston Division of the Southern District of Texas for hearing and determination. An order transferring the case will be entered by the undersigned. Signed by Magistrate Judge Keith F. Giblin on 1/3/17. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
HUGH AUDRIE CARTER

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 9:16-CV-212

MEMORANDUM OPINION REGARDING TRANSFER
Petitioner, Hugh Audrie Carter, an inmate currently confined at the Eastham Unit with 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 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
in either 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.
In the present case, petitioner contests a state court conviction in the 338th Judicial District
Court in Harris County, Texas which is located in the Southern District of Texas, Houston Division.
Although petitioner is incarcerated at the Eastham Unit located within the Eastern District of Texas,

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Lufkin Division, this Court has discretion to transfer the application to the Southern District of
Texas, Houston Division for hearing and determination.
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 was convicted. Therefore, the petition should be transferred to the
Houston Division of the Southern District of Texas for hearing and determination. An order
transferring the case will be entered by the undersigned.

SIGNED this the 3rd day of January, 2017.

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KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE

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