Fuller v. Davis

Filing 5

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

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
DONALD GENE FULLER,
Petitioner,
VS.
LORIE DAVIS,
Respondent.

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July 14, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. 2:17-CV-240

OPINION AND ORDER OF TRANSFER
This is a habeas action filed by a state prisoner incarcerated at TDCJ-CID’s
Stevenson Unit in Cuero, Texas (D.E. 1). The TDCJ website reveals that Petitioner was
convicted of Aggravated Sexual Assault of a child and Indecency with a child in Bexar
County, Texas. He challenged those convictions by letter claiming that he was "actually
innocent" of all charges (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 is in Dewitt
County in the Victoria Division of in the Southern District of Texas, 28 U.S.C. §
124(b)(5), and he was convicted by a court located in the San Antonio Division of the
Western District of Texas. 28 U.S.C. § 124(d)(4). His case has no connection with the
Corpus Christi Division of the Southern District of Texas.
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
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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). 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, the prosecutor and defense
lawyer, and the witnesses are all located in the San Antonio Division of the Western
District of Texas.
Accordingly, it is ordered that the Clerk of the Court TRANSFER this action to
the United States District Court for the Western District of Texas, San Antonio Division.
All pending motions are denied as moot, subject to re-urging after the case is transferred.
ORDERED this 14th day of July, 2017.
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B. JANICE ELLINGTON
UNITED STATES MAGISTRATE JUDGE

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