Brown v. Stephens DO NOT DOCKET. CASE HAS BEEN TRANSFERRED OUT., No. 2:2015cv00266 - Document 4 (S.D. Tex. 2015)
Court Description: OPINION AND ORDER TO TRANSFER CASE to WDTX - San Antonio Division (Signed by Judge Nelva Gonzales Ramos) Parties notified.(lcayce, 2)
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Brown v. Stephens DO NOT DOCKET. CASE HAS BEEN TRANSFERRED OUT. Doc. 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION ERIC J. BROWN, Petitioner, VS. WILLIAM STEPHENS, Respondent. § § § § CIVIL ACTION NO. 2:15-CV-266 § § § § OPINION AND ORDER OF TRANSFER This is a habeas action filed by a state prisoner incarcerated at TDCJ-CID’s McConnell East Unit in Beeville, Texas (D.E. 1). In 2009, Petitioner was convicted on his plea of guilty to an unspecified felony and sentenced to serve a prison term of 50 years by a District Judge presiding over the 81st Judicial District Court of Wilson County, Texas (D.E. 1 at 2-3). Petitioner challenges his convictions and sentence (D.E. 1). 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 Southern District of Texas, 28 U.S.C. § 124(b)(6), and he was convicted by a court located in the San Antonio Division of the Western District of Texas. 28 U.S.C. § 124(d)(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 1/2 Dockets.Justia.com been brought. 28 U.S.C. §§ 1404(a) and 1406(a). A habeas application may be transferred in furtherance of justice to the district court within which the State court was held which convicted and sentenced the petitioner. 28 U.S.C. § 2241(d). Because petitioner was convicted in Wilson County, it is more convenient and would further the interests of justice for this action to be handled in the San Antonio Division of the Western District of Texas. The records of his conviction, the prosecutor and defense lawyer, and the witnesses are all located in the San Antonio Division of the Western District of Texas. Accordingly, it is ordered that the Clerk of the Court TRANSFER this action to the United States District Court for the Western District of Texas, San Antonio Division. ORDERED this 16th day of June, 2015. ___________________________________ NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE 2/2
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