Castro v. Davis

Filing 6

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

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
RUDY CASTRO,
Petitioner,
VS.
LORIE DAVIS,
Respondent.

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March 28, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. 2:17-CV-115

OPINION AND ORDER OF TRANSFER
This is a habeas action filed on March 22, 2017, by a state prisoner incarcerated at
the Chase Field Trustee Camp, which is located in Bee County, Texas. (D.E. 1). In his
petition, Petitioner challenges his 2008 Bexar County conviction and sentence. (D.E. 1,
Page 2).
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)(1), and he
was convicted by a court located in Bexar 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).

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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 Bexar 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. All pending motions are
denied as moot and are subject to renewal after the case is transferred.
ORDERED this 28th day of March, 2017.
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Jason B. Libby
United States Magistrate Judge

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