Opinion
Civil Action 9:21cv294
12-06-2021
DANIEL DELAROSA v. DIRECTOR, TDCJ-CID
MEMORANDUM ORDER REGARDING TRANSFER
ZACK HAWHORN, UNITED STATES MAGISTRATE JUDGE
Petitioner Daniel Delarosa, an inmate confined at the Wainwright 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
On June 20, 2019, in the Criminal District Court for Navarro County, Texas, petitioner was convicted of aggravated robbery and sentenced to a term of sixty-one (61) years' imprisonment in the Texas Department of Criminal Justice, Correctional Institutions Division. Petitioner brings this petition contesting his conviction and sentence.
Pursuant to 28 U.S.C. § 2241(d), a petitioner may bring his petition for writ of habeas corpus in the district court for the district wherein such person is in custody or in the district court for the district within which he was convicted. Section 2241(d) further provides that the district court in the exercise of its discretion may transfer the action to the other district in the furtherance of justice.
Petitioner is currently confined at the Wainwright Unit located in Lovelady, Texas which is located in the Eastern District of Texas. However, petitioner was convicted and sentenced in Navarro County, Texas. Pursuant to 28 U.S.C § 124, Navarro County is in the Dallas Division of the Northern District of Texas.
While jurisdiction is proper in the Eastern District of Texas because the prisoner is confined within the district court's territorial boundaries, the court has considered the circumstances and has determined that the interest of justice would best be served if this petition were transferred to the division in which the petitioner was convicted.
Under 28 U.S.C. § 1404(a), for the convenience of parties and witnesses and in the interest of justice, a district court may transfer any civil action to any other district or division where it could have been brought. Such a transfer may be done sua sponte and is reviewable only for an abuse of discretion. Mills v. Beech Aircraft Corp., 886 F.2d 758, 761 (5th Cir. 1989).
Since petitioner complains of a conviction which occurred in the Dallas Division of the Northern District of Texas and all records and witnesses involving this action may be located in the Northern District, the transfer of this action to such division would further justice. Therefore, it is the opinion of the undersigned that this petition should be transferred to the United States District Court for the Northern District of Texas, Dallas Division. Accordingly, it is
ORDERED that the Clerk of Court will TRANSFER this action to the Clerk of Court for the United States District Court for the Northern District of Texas, Dallas Division.