Hinkle v. Stephens
Filing
7
OPINION AND ORDER OF TRANSFER to the Waco Division of the Western District of Texas. (Signed by Magistrate Judge Jason B. Libby) Parties notified.(mserpa, 2) [Transferred from Texas Southern on 10/7/2015.]
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
ERIC RANDALL HINKLE,
Petitioner,
VS.
WILLIAM STEPHENS,
Respondent.
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CIVIL ACTION NO. 2:15-CV-427
OPINION AND ORDER OF TRANSFER
This is a habeas action filed on October 5, 2015, by a state prisoner incarcerated at
the Hughes Unit in Gatesville, Texas, which is located in Coryell County. (D.E. 1). In
his complaint, Petitioner challenges a prison disciplinary conviction he received while he
was at the McConnell Unit in Beeville, Texas, which is located in Bee County. (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 the Waco
Division of the Western District of Texas, 28 U.S.C. § 124(d)(2), and he was convicted
by a court located in Tarrant County in the Fort Worth Division of the Northern District
of Texas. 28 U.S.C. § 124(a)(2).
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 other district court for hearing and
determination. 28 U.S.C. § 2241(d). Because Petitioner is currently incarcerated in
Coryell County, it is more convenient and would further the interests of justice for this
action to be handled in the Waco Division of the Western District of Texas.
Accordingly, it is ordered that this case be transferred to the United States District
Court for the Western District of Texas, Waco Division. All pending motions are denied
as moot and are subject to renewal after the case is transferred.
ORDERED this 7th day of October, 2015.
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Jason B. Libby
United States Magistrate Judge
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