Worthey v. United States of America
Filing
3
MEMORANDUM OPINION and ORDER transferring this petition for writ of habeas corpus to the Lufkin Division of this court. Signed by Magistrate Judge Keith F. Giblin on 11/2/20. (tkd, )
Case 9:20-cv-00217-RC-ZJH Document 3 Filed 11/02/20 Page 1 of 1 PageID #: 23
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
ELVIN WORTHEY
§
VS.
§
UNITED STATES OF AMERICA
§
CIVIL ACTION NO. 1:20cv366
MEMORANDUM OPINION AND ORDER REGARDING VENUE
Petitioner Elvin Worthey, proceeding pro se, filed this petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241. Petitioner challenges the way the Bureau of Prisons has calculated
the service of a federal sentence.
Discussion
A petition filed pursuant to Section 2241 must be filed in the federal judicial district where
the petitioner is incarcerated. Petitioner is incarcerated in Livingston, Texas, which is in Polk
.
County, Texas. As Polk County is located in the Eastern District of Texas, venue is proper in this
court.
However, while Polk County is located within the Eastern District of Texas, it is in the
Lufkin Division, rather than the Beaumont Division. As a result, this case should be transferred to
the Lufkin Division of this court.
ORDER
For the reasons set forth above, it is ORDERED that this petition for writ of habeas corpus
is TRANSFERRED to the Lufkin Division of this court.
SIGNED this the 2nd day of November, 2020.
____________________________________
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE
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