Morgan v. Quarterman

Filing 8

MEMORANDUM OPINION AND ORDER TO TRANSFER CASE to Houston Division.(Signed by Magistrate Judge B. Janice Ellington) Parties notified.(lcayce, )

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Morgan v. Quarterman Doc. 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION STEVE ALAN MORGAN, Petitioner, VS. NATHANIEL QUARTERMAN, Respondent. CIVIL ACTION NO. C-08-252 MEMORANDUM OPINION AND ORDER OF TRANSFER This is a habeas action filed by a state prisoner incarcerated at the McConnell Unit in Beeville, Texas (D.E. 1). Petitioner states he was convicted of murder and sentenced on March 3, 2004, in the 174th Judicial District Court of Harris County, Texas (Id.). 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)(6), and he was convicted by a court located in the Houston Division of the Southern District of Texas. 28 U.S.C. 124(b)(2). 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). Because petitioner was convicted in Harris County, it is more convenient for the action to be handled in the Houston Division of the Southern District of Texas. The records of his conviction, the prosecutor and 1/2 defense lawyer, and the witnesses are all located in the Houston Division of the Southern District of Texas. Accordingly, it is ordered that the Clerk of the Court TRANSFER this action to the United States District Court for the Southern District of Texas, Houston Division. ORDERED this 4th day of August, 2008. ___________________________________ B. JANICE ELLINGTON UNITED STATES MAGISTRATE JUDGE 2/2

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