Miller v. Thaler

Filing 3

MEMORANDUM AND OPINION REGARDING VENUE. Signed by Magistrate Judge Keith F. Giblin on 9/25/2009. (sm, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION LEE MILLER VS. DIRECTOR, TDCJ-CID § § § CIVIL ACTION NO. 5:09cv129

MEMORANDUM OPINION REGARDING VENUE Petitioner Lee Miller, an inmate confined in the Telford Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this petition for writ of habeas corpus. Discussion In 1996, petitioner was convicted of murder in the 179th District Court of Harris County, Texas. imprisonment. Petitioner filed this petition for writ of habeas corpus in the district in which he is currently confined. Pursuant to 28 He was sentenced to life

U.S.C. § 2241(d), a petitioner may bring a 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 a 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 Harris County, Texas. Pursuant

to 28 U.S.C. § 124, Harris County is in the Houston Division of the United States District Court for 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

25

day of

September

, 2009.

KEITH F. GIBLIN UNITED STATES MAGISTRATE JUDGE

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