Alexander v. Lumpkin, No. 9:2020cv00209 - Document 5 (E.D. Tex. 2020)
Court Description: MEMORANDUM OPINION and ORDER transferring this petition for writ of habeas corpus to the Tyler Division of this court. Signed by Magistrate Judge Zack Hawthorn on 10/30/2020. (bjc, )
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Alexander v. Lumpkin Doc. 5 Case 9:20-cv-00209-RC-ZJH Document 5 Filed 10/30/20 Page 1 of 1 PageID #: 19 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION KENNETH ALEXANDER § VS. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 9:20cv209 MEMORANDUM OPINION AND ORDER REGARDING VENUE Petitioner Kenneth Alexander, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges a 2016 criminal conviction in the 114th District Court of Smith County, Texas. Discussion Petitioner filed this petition for writ of habeas corpus in the federal judicial district in which he was convicted. Pursuant to 28 U.S.C. § 2241(d), a petitioner may bring his petition for writ of habeas corpus in the federal judicial district in which he was convicted or the district in which he is incarcerated. As petitioner was convicted in this district, this court has jurisdiction over the petition. However, while Smith County is located within the Eastern District of Texas, it is in the Tyler Division, rather than the Lufkin Division. As a result, this case should be transferred to the Tyler Division of this court. ORDER For the reasons set forth above, it is ORDERED that this petition for writ of habeas corpus is TRANSFERRED to the Tyler Division of this court. SIGNED this 30th day of October, 2020. _________________________ Zack Hawthorn United States Magistrate Judge Dockets.Justia.com
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