Boone v. Davis
OPINION AND ORDER OF TRANSFER to Eastern District of Texas, Tyler Division. (Signed by Magistrate Judge Jason B Libby) Parties notified.(mserpa, 2)
United States District Court
Southern District of Texas
February 28, 2017
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
THOMAS EARL BOONE JR.; aka
TOMMY EARL BOONE, JR.,
David J. Bradley, Clerk
CIVIL ACTION NO. 2:17-CV-61
OPINION AND ORDER OF TRANSFER
This is a habeas action filed 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 1994 Anderson County conviction and 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 at the time of
filing 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 Anderson County in the Tyler
Division of the Eastern District of Texas. 28 U.S.C. § 124(c)(1).
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 Anderson County, it is more convenient and would further the
interests of justice for this action to be handled in the Tyler Division of the Eastern
District of Texas. The records of his conviction and the prosecutor and defense lawyers
are all located in the Tyler 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, Tyler Division. All pending motions are denied
as moot and are subject to renewal after the case is transferred.
ORDERED this 28th day of February, 2017.
Jason B. Libby
United States Magistrate Judge
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