Cantu v. Warden, SCP Three Rivers

Filing 4

OPINION AND ORDER TO TRANSFER CASE to Corpus Christi Division (Signed by Magistrate Judge Jason B Libby) Parties notified. (bnb6)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION

HOMERO REY CANTU,
Petitioner,
VS.
WARDEN, SCP THREE RIVERS,
Respondent.

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March 10, 2025
Nathan Ochsner, Clerk

CIVIL ACTION NO. 6:25-CV-00014

OPINION AND ORDER OF TRANSFER

This is a habeas action filed pursuant to 28 U.S.C. § 2241. (D.E. 1). Petitioner
Homero Rey Cantu (98371-079) is incarcerated at FCI Three Rivers which is located in
Live Oak County, Texas, which is within the jurisdiction of the United States District Court
for the Southern District of Texas, Corpus Christi Division. 28 U.S.C. § 124(b)(6).
Petitioner filed this Petition in the Victoria Division of the Southern District of Texas. 28
U.S.C. § 124(b)(5).
It is well established that a petition for writ of habeas corpus filed pursuant to 28
U.S.C. § 2241 must be filed in the district where the prisoner is incarcerated. Hooker v.
Sivley, 187 F.3d 680, 682 (5th Cir. 1999) (citation omitted); see also Pack v. Yusuff, 218
F.3d 448, 451 (5th Cir. 2000) (citations omitted). A district court has the authority to
transfer a case in the interest of justice to another district or division in which the action
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might have been brought. 28 U.S.C. §§ 1404, 1406. The Court finds this case is more
appropriately transferred to the division where Petitioner is incarcerated within this district.
Therefore, the Clerk of Court is ORDERED to TRANSFER this case to the United States
District Court for the Southern District of Texas, Corpus Christi Division. All pending
Motions are DENIED as moot and the Clerk of Court is DIRECTED to CLOSE this case.
ORDERED on March 10, 2025.

_______________________________
Jason B. Libby
United States Magistrate Judge

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