Peters v. Director TDCJ-CID et al, No. 1:2010cv00129 - Document 7 (E.D. Tex. 2010)
Court Description: MEMORANDUM OPINION REGARDING VENUE. Polunsky Unit is located withing the Eastern District of Texas, it is in the Lufkin Division, rather that the Beaumont Division. As a result, this case should be transferred to the Lufkin Division of this court. Signed by Magistrate Judge Earl S. Hines on 4/1/10. (mrp, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION TONY SHANE PETERS § VS. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 1:10cv129 MEMORANDUM OPINION REGARDING VENUE Petitioner Tony Shane Peters, an inmate confined in the Polunsky Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Discussion Petitioner states he was previously convicted of a criminal offense in Harris County, Texas. Petitioner filed this petition for writ of habeas corpus in the district where he is incarcerated. 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 jurisdiction over the petition. However, while Polunsky Unit 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 1 April day of , 2010. EARL S. HINES UNITED STATES MAGISTRATE JUDGE 2
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