Sanchez v. Davis
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.]
United States District Court
Southern District of Texas
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
EDUARDO ALFREDO SANCHEZ,
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
held which convicted and sentenced the petitioner. 28 U.S.C. § 2241(d).
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
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