Opinion
Civil Action 6:21-CV-37
07-13-2021
LEROY BARTIE, Petitioner, v. BOBBY LUMPKIN, Respondent.
OPINION AND ORDER OF TRANSFER
Jason B. Libby United States Magistrate Judge.
This is a habeas action filed by a prisoner incarcerated at the Willacy County State Jail in Raymondville, Texas, which is located in Willacy County. (D.E. 1). In his petition, Petitioner challenges a Harris County conviction 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 at the time of filing is in the Brownsville Division of the Southern District of Texas, 28 U.S.C. § 124(b)(4), and he was convicted by a court located in Harris County in the Houston Division of the Southern District of Texas. 28 U.S.C. § 124(b)(2).
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). 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 Harris County, it is more convenient and would further the interests of justice for this action to be handled in the Houston Division of the Southern District of Texas. The records of his conviction and the prosecutor and defense lawyers are all located in the Houston Division of the Southern District of Texas.
Accordingly, it is ordered that this case be transferred to the United States District Court for the Southern District of Texas, Houston Division. All pending motions are DENIED as moot and are subject to renewal after the case is transferred.
ORDERED.