Martinez v. Nathaniel Quarterman, Director of the Correctional Institutions Division of the Texas Dept of Criminal Justice, No. 1:2008cv00355 - Document 5 (S.D. Tex. 2008)
Court Description: MEMORANDUM OPINION AND ORDER TO TRANSFER CASE to Southern District of Texas, Brownsville Division.(Signed by Magistrate Judge B. Janice Ellington) Parties notified.(lsmith, )
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Martinez v. Nathaniel Quarterman, Director of the Correctional Instit...xas Dept of Criminal Justice Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION ISRAEL MARTINEZ TDCJ-CID #1452778 Petitioner, V. CAMERON COUNTY DISTRICT COURT, ET AL., Respondent. § § § § § § § § C.A. NO. C-08-211 MEMORANDUM OPINION AND ORDER OF TRANSFER This action involves a habeas action filed by a state prisoner incarcerated at TDCJCID’s Garza East Unit in Beeville, Texas (D.E. 1). Petitioner states he was convicted of a felony offense in the state district court in Cameron County, Texas (Id.). A habeas action may be filed either in the district where petitioner is in custody or in the district in which petitioner was convicted. 28 U.S.C. § 2241(d); Wadsworth v. Johnson, 235 F.3d 959 (5th Cir. 2000). Petitioner’s place of incarceration is in Bee County in the Corpus Christi Division of the Southern District of Texas, 28 U.S.C. § 124(b)(6), and he was convicted by a court located in Cameron County in the Brownsville Division of the Southern District of Texas. 28 U.S.C. § 124(b)(4). For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought. 28 U.S.C. §§ 1404(a) and 1406(a). Because petitioner was convicted in Cameron County, it is more convenient for the action to be handled in the Brownsville Division of the Dockets.Justia.com Southern District of Texas. The records of his conviction, the prosecutor and defense lawyer, and the witnesses are all located in the Brownsville Division of the Southern District of Texas. Accordingly, it is ordered that the Clerk of the Court TRANSFER this action to the United States District Court for the Southern District of Texas, Brownsville Division. All pending motions are denied as moot and subject to renewal after the case is transferred. ORDERED this 1st day of July, 2008. ____________________________________ B. JANICE ELLINGTON UNITED STATES MAGISTRATE JUDGE 2
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