Palacios v. United States Of America Case electronically transferred to the Western District of Texas, Austin Division.

Filing 5

OPINION AND ORDER TO TRANSFER CASE to the Western District of Texas, Austin Division (Signed by Magistrate Judge Jason B Libby) Parties notified.(RochelleLimon, 2)

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Case 6:21-cv-00061 Document 5 Filed on 01/07/22 in TXSD Page 1 of 2 United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION ROBERT PALACIOS, SR. Petitioner VS. UNITED STATES OF AMERICA § § § § § § January 07, 2022 Nathan Ochsner, Clerk CIVIL ACTION NO. 6:21-CV-00061 OPINION AND ORDER OF TRANSFER This is a habeas action filed pursuant to 28 U.S.C. § 2241. (D.E. 1). Petitioner Robert Palacios Sr. (034413-479) is incarcerated at FCI Bastrop located in Bastrop County, Texas which is within the jurisdiction of the United States District Court for the Western District of Texas, Austin Division. 28 U.S.C. § 124(d)(1). It is well established that a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 must be filed in the district where the prisoner is incarcerated. Hooker v. Sivley, 187 F.3d 680, 682 (5th Cir. 1999) (citation omitted); see also Pack v. Yusuff, 218 F.3d 448, 451 (5th Cir. 2000) (citations omitted). Therefore, even though Petitioner was sentenced within this District, this Court does not have jurisdiction to address Petitioner’s claims. Rather than dismissal, the Court finds this case is more appropriately transferred. Therefore, the Clerk of Court is ORDERED to TRANSFER this case to the United States 1/2 Case 6:21-cv-00061 Document 5 Filed on 01/07/22 in TXSD Page 2 of 2 District Court for the Western District of Texas, Austin Division. All pending Motions are DENIED as moot and the Clerk of Court is DIRECTED to CLOSE this case. ORDERED on January 7, 2022. _______________________________ Jason B. Libby United States Magistrate Judge 2/2

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