Scott v. Director, TDCJ-CID, No. 9:2024cv00074 - Document 2 (E.D. Tex. 2024)
Court Description: MEMORANDUM OPINION and Order Regarding Venue. It is ordered that this petition for writ of habeas corpus is TRANSFERRED to the Lufkin Division of this court. Signed by Magistrate Judge Zack Hawthorn on 4/10/24. (tkd)
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Scott v. Director, TDCJ-CID Doc. 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION FREDRICK FITZGERALD SCOTT, SR. § VS. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 1:24cv133 MEMORANDUM OPINION AND ORDER REGARDING VENUE Petitioner Fredrick Fitzgerald Scott, Sr., proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges a conviction in Houston County, Texas. Discussion Petitioner filed this petition for writ of habeas corpus in the federal judicial district where 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 Houston County is located within the Eastern District of Texas, it is in the Lufkin Division, rather than the Beaumont Division. As a result, this case should be transferred to the Lufkin 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 Lufkin Division of this court. SIGNED this 10th day of April, 2024. _________________________ Zack Hawthorn United States Magistrate Judge Dockets.Justia.com
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