Franklin v. Director TDCJ

Filing 5

MEMORANDUM OPINION AND ORDER REGARDING VENUE. This petition is TRANSFERRED to the Abilene Division of the Northern District of Texas. Signed by Magistrate Judge Zack Hawthorn on 8/14/17. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
JOHNATHAN QUINCY FRANKLIN

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 9:17cv139

MEMORANDUM OPINION AND ORDER REGARDING VENUE
Petitioner Johnathan Quincy Franklin, an inmate confined in the Robertson 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 a criminal offense in the 35th District Court
of Brown County, Texas. The current petition challenges a prison disciplinary conviction rather than
petitioner’s criminal conviction.
Pursuant to 28 U.S.C. § 2241(d), a petitioner may bring his petition for writ of habeas corpus
in either the federal judicial district in which he was convicted or the district in which he is
incarcerated.
Petitioner's criminal conviction occurred in Brown County. Pursuant to 28 U.S.C. § 124,
Brown County is in the San Angelo Division of the United States District Court for the Northern
District of Texas. Moreover, petitioner is currently confined at the Robertson Unit, which is in Jones
County, Texas. Pursuant to Section 124, Jones County is located in the Abilene Division of the
United States District Court for the Northern District of Texas.
As the above paragraph indicates, petitioner is not incarcerated in, and his criminal
conviction did not occur in, the Eastern District of Texas. As a result, this court lacks jurisdiction
over the petition.

ORDER
As petitioner complains of a prison disciplinary conviction, it is
ORDERED that this petition is TRANSFERRED to the Abilene Division of the Northern
District of Texas.
SIGNED this 14th day of August, 2017.

_________________________
Zack Hawthorn
United States Magistrate Judge

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