Kidd v. Moore, No. 9:2013cv00076 - Document 2 (E.D. Tex. 2013)
Court Description: MEMORANDUM OPINION Regarding Venue. Signed by Magistrate Judge Keith F. Giblin on 4/17/13. (tkd, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION BERNARD KIDD § VS. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 1:13cv213 MEMORANDUM OPINION REGARDING VENUE Petitioner Bernard Kidd, an inmate confined in the Gist 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 is challenging a 2012 conviction for aggravated robbery in the 145th District Court of Nacogdoches County, Texas. 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 jurisdiction over the petition. However, while Nacogdoches 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 17 April day of , 2013. KEITH F. GIBLIN UNITED STATES MAGISTRATE JUDGE 2
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