Hannah v. Thaler

Filing 5

MEMORANDUM AND OPINION Denying without prejudice to reconsideration after transfer 3 MOTION/APPLICATION to Proceed In Forma Pauperis.(Signed by Judge Lee H Rosenthal) Parties notified.(csonnier, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JERRY RICKY HANNAH,
(TDCJ-CID #1565362)

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Petitioner,
vs.
RICK THALER,
Respondent.

CIVIL ACTION H-11-2239

MEMORANDUM AND OPINION
The petitioner, Jerry Ricky Hannah, filed this action seeking habeas corpus relief under 28
U.S.C. § 2254. He challenges the conviction by the state court in Liberty County, Texas. Liberty
County is in the Beaumont Division of the United States District Court for the Eastern District of
Texas.
Under 28 U.S.C. § 2241(d), a court may transfer a habeas petition to the district where the
state court that convicted and sentenced the petitioner is located. The statute provides that “[w]here
an application for a writ of habeas corpus is made by a person in custody under the judgment and
sentence of a State court of a State which contains two or more Federal judicial districts, the
application may be filed in the district court for the district wherein such person is in custody or in
the district court for the district within which the State court was held which convicted and
sentenced him. . . .” 28 U.S.C. § 2241(d).
Under this statute, this court transfers Hannah’s case to the Eastern District of Texas,
Beaumont Division. Hannah’s motion to proceed in forma pauperis, (Docket Entry No. 3), is denied

without prejudice to reconsideration after transfer.
SIGNED on July 18, 2011, at Houston, Texas.

______________________________________
Lee H. Rosenthal
United States District Judge

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