Brown v. Stephens
Filing
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OPINION AND ORDER TO TRANSFER CASE to WDTX - San Antonio Division (Signed by Judge Nelva Gonzales Ramos) Parties notified.(lcayce, 2) [Transferred from Texas Southern on 6/16/2015.]
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
ERIC J. BROWN,
Petitioner,
VS.
WILLIAM STEPHENS,
Respondent.
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§ CIVIL ACTION NO. 2:15-CV-266
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OPINION AND ORDER OF TRANSFER
This is a habeas action filed by a state prisoner incarcerated at TDCJ-CID’s
McConnell East Unit in Beeville, Texas (D.E. 1). In 2009, Petitioner was convicted on
his plea of guilty to an unspecified felony and sentenced to serve a prison term of 50
years by a District Judge presiding over the 81st Judicial District Court of Wilson
County, Texas (D.E. 1 at 2-3). Petitioner challenges his convictions and 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 in Bee
County in the Southern District of Texas, 28 U.S.C. § 124(b)(6), and he was convicted by
a court located in the San Antonio Division of the Western District of Texas. 28 U.S.C. §
124(d)(4).
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
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been brought.
28 U.S.C. §§ 1404(a) and 1406(a).
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). Because
petitioner was convicted in Wilson County, it is more convenient and would further the
interests of justice for this action to be handled in the San Antonio Division of the
Western District of Texas. The records of his conviction, the prosecutor and defense
lawyer, and the witnesses are all located in the San Antonio Division of the Western
District of Texas.
Accordingly, it is ordered that the Clerk of the Court TRANSFER this action to
the United States District Court for the Western District of Texas, San Antonio Division.
ORDERED this 16th day of June, 2015.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE
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