Jimenez v. Director - Texas Department of Criminal Justice, Correctional Institutions Division, No. 1:2008cv00643 - Document 5 (E.D. Tex. 2008)
Court Description: MEMORANDUM OPINION regarding venue. Signed by Magistrate Judge Keith F. Giblin on 1112-9. (bjc, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION SALVADOR JIMENEZ § VS. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 1:08cv643 MEMORANDUM OPINION REGARDING VENUE Petitioner Salvador Jimenez, an inmate confined in the Montford Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this petition for writ of habeas corpus. Discussion Petitioner states that in 1999, he was convicted of a criminal offense in the 411th District Court of Polk County, Texas. He was sentenced to life imprisonment. Petitioner filed this petition for writ of habeas corpus in the 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 district in which he was convicted or the district in which he is incarcerated. Accordingly, this court has juris- diction over the petition. However, while Polk 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. A Transfer Order shall be entered in accordance with this Memorandum Opinion. Hello This is a Test SIGNED this 12 November day of , 2008. KEITH F. GIBLIN UNITED STATES MAGISTRATE JUDGE 2
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