Hardaway v. Stephens
Filing
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OPINION AND ORDER TO TRANSFER CASE to the Southern District of Texas, Victoria Division (Signed by Judge Nelva Gonzales Ramos) Parties notified.(amireles, 2)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
ALLEN LEE HARDAWAY,
Petitioner,
VS.
WILLIAM STEPHENS,
Respondent.
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§ CIVIL ACTION NO. 2:14-CV-183
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OPINION AND ORDER OF TRANSFER
This is a habeas action filed on May 19, 2014, by a state prisoner incarcerated at
the Mark W. Stiles Unit in Beaumont, Texas, which is located in Jefferson County. (DE
1). In his complaint, Petitioner challenges his state conviction and his sentence. (DE 1).
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
Beaumont Division of the Eastern District of Texas, 28 U.S.C. § 124(c)(2), and he was
convicted by a court located in Victoria County in the Victoria Division of the Southern
District of Texas. 28 U.S.C. § 124(b)(5).
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).
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Because
Petitioner was convicted in Victoria County, it is more convenient and would further the
interests of justice for this action to be handled in the Victoria Division of the Southern
District of Texas. The records of his conviction and the prosecutor and defense lawyers
are all located in the Victoria Division of the Southern District of Texas.
Accordingly, it is ordered that this case be transferred to the United States District
Court for the Southern District of Texas, Victoria Division.
ORDERED this 29th day of July, 2014.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE
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