-KFG Hannah v. Thaler, No. 1:2011cv00336 - Document 5 (E.D. Tex. 2011)
Court Description: MEMORANDUM AND OPINION Denying without prejudice to reconsideration after transfer 3 MOTION/APPLICATION to Proceed In Forma Pauperis.(Signed by Judge Lee H Rosenthal) Parties notified.(csonnier, ) [Transferred from Texas Southern on 7/18/2011.]
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION JERRY RICKY HANNAH, (TDCJ-CID #1565362) § § § § § § § § § § Petitioner, vs. RICK THALER, Respondent. CIVIL ACTION H-11-2239 MEMORANDUM AND OPINION The petitioner, Jerry Ricky Hannah, filed this action seeking habeas corpus relief under 28 U.S.C. § 2254. He challenges the conviction by the state court in Liberty County, Texas. Liberty County is in the Beaumont Division of the United States District Court for the Eastern District of Texas. Under 28 U.S.C. § 2241(d), a court may transfer a habeas petition to the district where the state court that convicted and sentenced the petitioner is located. The statute provides that [w]here an application for a writ of habeas corpus is made by a person in custody under the judgment and sentence of a State court of a State which contains two or more Federal judicial districts, the application may be filed in the district court for the district wherein such person is in custody or in the district court for the district within which the State court was held which convicted and sentenced him. . . . 28 U.S.C. § 2241(d). Under this statute, this court transfers Hannah s case to the Eastern District of Texas, Beaumont Division. Hannah s motion to proceed in forma pauperis, (Docket Entry No. 3), is denied without prejudice to reconsideration after transfer. SIGNED on July 18, 2011, at Houston, Texas. ______________________________________ Lee H. Rosenthal United States District Judge 2
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