Sanchez v. Stephens
Filing
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ORDER TO TRANSFER CASE to the Western District of Texas, San Antonio Division (Signed by Judge Nelva Gonzales Ramos) Parties notified.(amireles, 2)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
GERSOM SANCHEZ,
Petitioner,
VS.
WILLIAM STEPHENS,
Respondent.
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§ CIVIL ACTION NO. 2:14-CV-319
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OPINION AND ORDER OF TRANSFER
This is a habeas action filed on July 31, 2014, by a state prisoner incarcerated at
the Garza East Unit in Beeville, Texas, which is located in Bee County. (DE 1). In his
complaint, Petitioner challenges his state conviction and his sentence. (DE 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 Guadalupe County in the San Antonio Division of the
Western District of Texas. 28 U.S.C. § 124(d)(4).
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 Guadalupe County, it is more convenient and would further
the interests of justice for this action to be handled in the San Antonio Division of the
Western District of Texas. The records of his conviction and the prosecutor and defense
lawyers are all located in the San Antonio Division of the Western District of Texas.
Accordingly, it is ordered that this case be transferred to the United States District
Court for the Western District of Texas, San Antonio Division.
ORDERED this 4th day of August, 2014.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE
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