Boone v. Davis

Filing 6

OPINION AND ORDER OF TRANSFER to Eastern District of Texas, Tyler Division. (Signed by Magistrate Judge Jason B Libby) Parties notified.(mserpa, 2)

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United States District Court Southern District of Texas ENTERED February 28, 2017 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION THOMAS EARL BOONE JR.; aka TOMMY EARL BOONE, JR., Petitioners, VS. LORIE DAVIS, Respondent. § § § § § § § § § 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). 1/2 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). Because 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 2/2

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