Forrest v. Director, TDCJ-CID

Filing 4

MEMORANDUM ORDER REGARDING TRANSFER. The Clerk of Court will TRANSFER this action to the Clerk of Court for the United States District Court for the Northern District of Texas, Abilene Division. Signed by Magistrate Judge Christine L. Stetson on 1/28/25. cc by mail: Forrest(ljw)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
JEFFREY WINSTON FORREST

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 9:25-cv-14

MEMORANDUM ORDER REGARDING TRANSFER
Petitioner Jeffrey Winston Forrest, an inmate confined at the Wainwright 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.
Discussion
On April 16, 2021, in the 350th Criminal District Court for Taylor County, Texas, Petitioner
was convicted of two counts of Aggravated Sexual Assault of a Child. Petitioner was sentenced to
a term of ninety-nine (99) years’ imprisonment in the Texas Department of Criminal Justice,
Correctional Institutions Division. Petitioner brings this petition contesting his convictions.
Pursuant to 28 U.S.C. § 2241(d), a petitioner may bring his Petition for Writ of Habeas
Corpus in the district court for the district wherein such person is in custody or in the district court
for the district within which he was convicted. Section 2241(d) further provides that the district
court in the exercise of its discretion may transfer the action to the other district in the furtherance
of justice.
Petitioner is currently confined at the Wainwright Unit located in Lovelady, Texas which is
located in the Eastern District of Texas. However, Petitioner was convicted and sentenced in Taylor
County, Texas.

Pursuant to 28 U.S.C § 124, Taylor County is in the Abilene Division of the

Northern District of Texas.
While jurisdiction is proper in the Eastern District of Texas because the prisoner is confined
within the district court’s territorial boundaries, the court has considered the circumstances and has

determined that the interest of justice would best be served if this petition were transferred to the
division in which the Petitioner was convicted.
Under 28 U.S.C. § 1404(a), for the convenience of parties and witnesses and in the interest
of justice, a district court may transfer any civil action to any other district or division where it could
.

have been brought. Such a transfer may be done sua sponte and is reviewable only for an abuse of
discretion. Mills v. Beech Aircraft Corp., 886 F.2d 758, 761 (5th Cir. 1989).
Since Petitioner complains of a conviction which occurred in the Abilene Division of the
Northern District of Texas and all records and witnesses involving this action may be located in the
Northern District, the transfer of this action to such division would further justice. Therefore, it is
the opinion of the undersigned that this petition should be transferred to the United States District
Court for the Northern District of Texas, Abilene Division. Accordingly, it is
ORDERED that the Clerk of Court will TRANSFER this action to the Clerk of Court for
the United States District Court for the Northern District of Texas, Abilene Division.
SIGNED this the 28th day of January, 2025.

___________________________________
Christine L Stetson
UNITED STATES MAGISTRATE JUDGE

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