Jones v. Director, TDCJ-CID

Filing 2

MEMORANDUM AND OPINION REGARDING VENUE. Accordingly, this case should be transferred to theHouston Division of the United States District Court for theSouthern District of Texas. A Transfer Order shall be entered inaccordance with this Memorandum Opinion. Signed by Magistrate Judge Keith F. Giblin on 10/8/08. (mpv, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION RICHARD L. JONES VS. DIRECTOR, TDCJ-CID § § § CIVIL ACTION NO. 5:08cv173

MEMORANDUM OPINION REGARDING VENUE Petitioner Richard L. Jones, an inmate confined in the Stiles Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Discussion In 2007, petitioner was convicted of a criminal offense in the 155th District Court of Fayette County, Texas. sentenced to 8 years imprisonment. Petitioner filed this petition for writ of habeas corpus in the district in which he is currently confined. Pursuant to 28 He was

U.S.C. § 2241(d), a petitioner may bring his petition for writ of habeas corpus in the district in which he was convicted or the district in which he is incarcerated. Section 2241(d) further

provides that the district court in the exercise of its discretion may transfer the action to the other district in the furtherance of justice.

Petitioner was convicted in Fayette County, Texas. Pursuant to 28 U.S.C. § 124, Fayette County is in Houston Division of the Southern District of Texas. As all records and

witnesses involving this action may be located in the Southern District, the transfer of this action to such district would further justice. Accordingly, this case should be transferred to the Houston Division of the United States District Court for the Southern District of Texas. A Transfer Order shall be entered in

accordance with this Memorandum Opinion. Hello This is a Test SIGNED this

8

day of

October

, 2008.

KEITH F. GIBLIN UNITED STATES MAGISTRATE JUDGE

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