Palacios v. United States Of America
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)
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
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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
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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
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