Overstreet v. Stephens DO NOT DOCKET. CASE HAS BEEN TRANSFERRED OUT.
Filing
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OPINION AND ORDER TO TRANSFER CASE to NDTX - Fort Worth Division (Signed by Judge Nelva Gonzales Ramos) Parties notified.(lcayce, 2)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
JEROME OVERSTREET,
Petitioner,
VS.
WILLIAM STEPHENS,
Respondent.
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§ CIVIL ACTION NO. 2:15-CV-259
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OPINION AND ORDER OF TRANSFER
This is a habeas action filed on June 11, 2015, by a state prisoner incarcerated at
the McConnell Unit in Beeville, Texas, which is located in Bee County. (DE 1). In his
complaint, Petitioner challenges his Tarrant County conviction and 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 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).
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 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.
Accordingly, it is ordered that this case be transferred to the United States District
Court for the Northern District of Texas, Fort Worth Division.
ORDERED this 23rd day of June, 2015.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE
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