McTier v. Director, TDCJ-CID, No. 1:2014cv00501 - Document 5 (E.D. Tex. 2014)
Court Description: MEMORANDUM OPINION regarding venue. Signed by Magistrate Judge Zack Hawthorn on 11/20/2014. (bjc, )
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McTier v. Director, TDCJ-CID Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JUSTIN MCTIER § VS. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 1:14-CV-501 MEMORANDUM OPINION REGARDING VENUE Petitioner, Justin McTier, an inmate currently confined at the Mark Stiles Unit with the Texas Department of Criminal Justice, Correctional Institutions, proceeding pro se, filed 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 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 Dockets.Justia.com 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 Harris County, Texas, which is located in the Southern District of Texas. Petitioner filed this petition in the Beaumont Division of the Eastern District of Texas where he is currently housed. Conclusion The Court has considered the circumstances underlying the particular facts of this case and has determined that the interests of justice would be served by transferring this petition to the division where petitioner was convicted. Therefore, the petition should be transferred to the Houston Division of the Southern District of Texas for hearing and determination. An order transferring the case will be entered by the undersigned. SIGNED this 20th day of November, 2014. _________________________ Zack Hawthorn United States Magistrate Judge
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