Palacios v. United States Of America
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) [Transferred from Texas Southern on 1/7/2022.]
Case 1:22-cv-00019-RP-DH Document 5 Filed 01/07/22 Page 1 of 2
United States District Court
Southern District of Texas
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
ROBERT PALACIOS, SR.
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
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
Case 1:22-cv-00019-RP-DH Document 5 Filed 01/07/22 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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