Sanchez v. Davis

Filing 5

OPINION AND ORDER TO TRANSFER CASE to NDTX - Dallas Division; denying as moot (Signed by Magistrate Judge Jason B Libby) Parties notified.(lcayce, 2) [Transferred from Texas Southern on 2/1/2017.]

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION EDUARDO ALFREDO SANCHEZ, Petitioner, VS. LORIE DAVIS, Respondent. § § § § § § § § January 31, 2017 David J. Bradley, Clerk CIVIL ACTION NO. 2:17-CV-39 OPINION AND ORDER OF TRANSFER This is a habeas action filed on January 24, 2017, by a state prisoner incarcerated at the McConnell Unit in Beeville, Texas, which is located in Bee County. (D.E. 1). In his complaint, Petitioner challenges his Dallas County conviction and sentence. (D.E. 1). A habeas action may be filed either in the district where petitioner is in custody or in the district in which petitioner was convicted. 28 U.S.C. § 2241(d); Wadsworth v. Johnson, 235 F.3d 959 (5th Cir. 2000). Petitioner’s place of incarceration is in the Corpus Christi Division of the Southern District of Texas, 28 U.S.C. § 124(b)(6), and he was convicted by a court located in Dallas County in the Dallas Division of the Northern District of Texas. 28 U.S.C. § 124(a)(1). For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought. 28 U.S.C. §§ 1404(a) and 1406(a). A habeas application may be transferred in furtherance of justice to the district court within which the state court was 1/2 held which convicted and sentenced the petitioner. 28 U.S.C. § 2241(d). Because petitioner was convicted in Dallas County, it is more convenient and would further the interests of justice for this action to be handled in the Dallas Division of the Northern District of Texas. The records of his conviction and the prosecutor and defense lawyers are all located in the Dallas Division of the Northern District of Texas. Accordingly, it is ordered that this case be transferred to the United States District Court for the Northern District of Texas, Dallas Division. All pending motions are DENIED as moot and are subject to renewal after the case is transferred. ORDERED this 31st day of January, 2017. ___________________________________ Jason B. Libby United States Magistrate Judge 2/2

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