Wilson v. Stephens DO NOT DOCKET. CASE HAS BEEN TRANSFERRED OUT.
OPINION AND ORDER TO TRANSFER CASE to EDTX - Sherman Division (Signed by Judge Nelva Gonzales Ramos) Parties notified.(lcayce, 2)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
WILLIAM M. WILSON,
§ CIVIL ACTION NO. 2:14-CV-27
OPINION AND ORDER OF TRANSFER
This is a habeas action filed on January 27, 2014, by a state prisoner incarcerated
at the McConnell Unit in Beeville, Texas, which is located in Bee County. (D.E. 1). In
his complaint, Plaintiff challenges his conviction and his 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 Grayson County in the Sherman Division of the
Eastern District of Texas. 28 U.S.C. § 124(c)(3).
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 Grayson County, it is more convenient and would further the
interests of justice for this action to be handled in the Sherman Division of the Eastern
District of Texas. The records of his conviction and the prosecutor and defense lawyers
are all located in the Sherman Division of the Eastern District of Texas.
Accordingly, it is ordered that this case be transferred to the United States District
Court for the Eastern District of Texas, Sherman Division. All pending motions are
denied as moot and are subject to renewal after the case is transferred.
ORDERED this 10th day of February, 2014.
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE
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