Benavides v. Stephens

Filing 6

MEMORANDUM AND OPINION denying without prejudice 3 MOTION to proceed in forma pauperis. (Signed by Judge Lee H Rosenthal) Parties notified. (wbostic, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ERNESTO BENAVIDES, JR.,
(TDCJ-CID #1910125)
Petitioner,
VS.

WILLIAM STEPHENS,
Respondent.

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CIVIL ACTION NO. H-15-2651

MEMORANDUM AND OPINION
Petitioner filed this action seeking habeas corpus relief under 28 U.S.C. § 2254, challenging
a conviction in the 107th Judicial District Court of Cameron County, Texas. Under 28 U.S.C.
§ 2241 (d), the district court in which the writ of habeas corpus was filed may transfer the writ to the
district where the state court which convicted and sentenced the petitioner is located.
The Clerk is ordered to transfer this application for writ of habeas corpus to the Clerk of the
Southern District ofTexas, Brownsville Division.
Petitioner's motion to proceed in forma pauperis, (Docket Entry No.3), is denied without
prejudice to reconsideration following transfer.
SIGNED on September 29, 2015, at Houston, Texas.

Lee H. Rosenthal
United States District Judge

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