Cardenas Garza v. State Of Texas

Filing 10

OPINION AND ORDER TO TRANSFER CASE to SDTX - McAllen Division (Signed by Magistrate Judge Jason B Libby) Parties notified.(lcayce, 2)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
ROBERTO CARDENAS GARZA,
Petitioner,
VS.
STATE OF TEXAS,
Respondent.

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December 08, 2016
David J. Bradley, Clerk

CIVIL ACTION NO. 2:16-CV-497

OPINION AND ORDER OF TRANSFER
This is a habeas action filed on November 8, 2016, by a federal prisoner
incarcerated at the United States Penitentiary in Tucson, Arizona. (D.E. 1). In his
complaint, Plaintiff challenges his Hidalgo County murder conviction and life sentence.
(D.E. 1).
A habeas action may be filed either in the district where petitioner is in custody or
in the district in which petitioner was convicted. 28 U.S.C. § 2241(d); Wadsworth v.
Johnson, 235 F.3d 959 (5th Cir. 2000). Petitioner’s place of incarceration is Tucson,
Arizona and he was convicted by a court located in the McAllen Division of the Southern
District of Texas. 28 U.S.C. § 124(b)(7).
For the convenience of parties and witnesses, in the interest of justice, a district
court may transfer any civil action to any other district or division where it might have
been brought. 28 U.S.C. §§ 1404(a) and 1406(a).

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A habeas application may be

transferred in furtherance of justice to the district court within which the state court was
held which convicted and sentenced the petitioner. 28 U.S.C. § 2241(d). Plaintiff’s
lawsuit has no connection to the Corpus Christi Division.

Because Petitioner was

convicted in Hidalgo County, it is more convenient and would further the interests of
justice for this action to be handled in the McAllen Division of the Southern District of
Texas. The records of his conviction and the prosecutor and defense lawyers are all
located in the McAllen Division of the Southern District of Texas.
Accordingly, it is ordered that this case be transferred to the United States District
Court for the Southern District of Texas, McAllen Division. All pending motions are
DENIED as moot and are subject to renewal after the case is transferred.
ORDERED this 8th day of December, 2016.
___________________________________
Jason B. Libby
United States Magistrate Judge

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