Johnson v. Moore, No. 1:2013cv00305 - Document 2 (E.D. Tex. 2013)

Court Description: MEMORANDUM OPINION and Order transferring this petition for writ of habeas corpus to the Houston Division of the US District Court for the Southern District of TX. Signed by Magistrate Judge Keith F. Giblin on 6/28/13. (tkd, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION ANTHONY DEON JOHNSON § VS. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 1:13-CV-305 MEMORANDUM OPINION AND ORDER Petitioner Anthony Deon Johnson, an inmate confined at the Larry Gist State Jail, proceeding pro se, brings this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The above-styled action was referred to the undersigned magistrate judge pursuant to 28 U.S.C. § 636 and the Local Rules for the Assignment of Duties to the United States Magistrate Judge for findings of fact, conclusions of law, and recommendations for the disposition of the case. Discussion Title 28 U.S.C. § 2254(a) allows a district court to entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States. 28 U.S.C. § 2254(a). A state prisoner is required to file his federal petition for writ of habeas corpus in either the district where the prisoner is incarcerated or the district where the prisoner was convicted and sentenced. 28 U.S.C. § 2241(d). Although both district courts have jurisdiction to entertain the application, [t]he district court for the district wherein such an application is filed in the exercise of its discretion and in furtherance of justice may transfer the application to the other district court for hearing and determination. Id. Petitioner was convicted and sentenced in Montgomery County, Texas, which is located in the Southern District of Texas. This court has jurisdiction to entertain the petition because petitioner is currently confined at the Gist State Jail in Jefferson County. The court has considered the circumstances and has determined that the interests of justice would be served by transferring this petition to the district where petitioner was convicted and sentenced. It is accordingly ORDERED that this petition for writ of habeas corpus is TRANSFERRED to the Houston Division of the United States District Court for the Southern District of Texas. Hello This is a Test SIGNED this 28 day of June , 2013. ___________________________________ KEITH F. GIBLIN UNITED STATES MAGISTRATE JUDGE