Worthey v. United States of America, No. 9:2020cv00217 - Document 3 (E.D. Tex. 2020)
Court Description: MEMORANDUM OPINION and ORDER transferring this petition for writ of habeas corpus to the Lufkin Division of this court. Signed by Magistrate Judge Keith F. Giblin on 11/2/20. (tkd, )
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Worthey v. United States of America Doc. 3 Case 9:20-cv-00217-RC-ZJH Document 3 Filed 11/02/20 Page 1 of 1 PageID #: 23 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION ELVIN WORTHEY § VS. § UNITED STATES OF AMERICA § CIVIL ACTION NO. 1:20cv366 MEMORANDUM OPINION AND ORDER REGARDING VENUE Petitioner Elvin Worthey, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner challenges the way the Bureau of Prisons has calculated the service of a federal sentence. Discussion A petition filed pursuant to Section 2241 must be filed in the federal judicial district where the petitioner is incarcerated. Petitioner is incarcerated in Livingston, Texas, which is in Polk . County, Texas. As Polk County is located in the Eastern District of Texas, venue is proper in this court. However, while Polk 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. ORDER For the reasons set forth above, it is ORDERED that this petition for writ of habeas corpus is TRANSFERRED to the Lufkin Division of this court. SIGNED this the 2nd day of November, 2020. ____________________________________ KEITH F. GIBLIN UNITED STATES MAGISTRATE JUDGE Dockets.Justia.com
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