McPherson v. Davis

Filing 6

OPINION AND ORDER OF TRANSFER CASE to Northern District of Texas, Fort Worth Division.(Signed by Magistrate Judge Jason B Libby) Parties notified.(mserpa, 2) [Transferred from Texas Southern on 12/15/2017.]

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
AMARIO LYNN MCPHERSON,
Petitioner,
VS.
LORI DAVIS,
Respondent.

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December 15, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. 2:17-CV-379

OPINION AND ORDER OF TRANSFER
This is a habeas action filed on December 14, 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 Tarrant County murder conviction
and life sentence. (D.E. 1. Page 7).
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 Tarrant County in the Fort Worth Division of the
Northern District of Texas. 28 U.S.C. § 124(a)(2).
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).
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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).

Because

Petitioner was convicted in Tarrant County, it is more convenient and would further the
interests of justice for this action to be handled in the Fort Worth Division of the
Northern District of Texas. The records of his conviction and the prosecutor and defense
lawyers are all located in the Fort Worth Division of the Northern District of Texas.
Additionally, Petitioner currently has a pending habeas action in the Fort Worth
Division of the Northern District of Texas challenging his incarceration pursuant to
the same conviction. McPherson v. Davis, Case No. 4:17-cv-418-A (N.D. Tex. 2017).
Accordingly, it is ordered that this case be transferred to the United States District
Court for the Northern District of Texas, Fort Worth Division. All pending motions are
DENIED subject to refiling in the Northern District of Texas, Fort Worth Division. The
Clerk of Court is directed to close this case.
ORDERED this 15th day of December, 2017.
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Jason B. Libby
United States Magistrate Judge

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