Opinion
No. 3:02-CV-936-D
November 25, 2002
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Pursuant to the provisions of 28 U.S.C. § 636(b) and an Order of the Court in implementation thereof, subject cause has previously been referred to the United States Magistrate Judge. The findings, conclusions, and recommendation of the Magistrate Judge are as follows:
FINDINGS AND CONCLUSIONS
Petitioner challenges his federal incarceration. Petitioner brings this challenge under 28 U.S.C. § 2241 claiming that 28 U.S.C. § 2255 is inadequate or ineffective.
At all times relevant to this petition, Petitioner has been incarcerated in a Federal Medical Center located in Fort Worth, Texas. As he was incarcerated in the Northern District of Texas when he filed the instant action, this Court has jurisdiction to entertain his § 2241 petition. Lee v. Wetzel, 244 F.3d 370, 375 n. 5 (5th Cir. 2001) (noting that jurisdiction is determined at time of filing). In this instance, this district has exclusive jurisdiction to entertain the petition under § 2241, because both the prisoner and his custodian are within the Court's jurisdiction. Id. at 373-74.
Although the Court has jurisdiction to entertain the petition, it nevertheless has the discretion to transfer the action to a more convenient forum. Section 1404(a) of Title 28 of the United States Code provides that "[f]or 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." Courts may transfer a case sua sponte. Mills v. Beech Aircraft Corp., Inc., 886 F.2d 758, 761 (5th Cir. 1989); Caldwell v. Palmetto State Sav. Bank, 811 F.2d 916, 919 (5th Cir. 1987). They have broad discretion in determining the propriety of a transfer. Balawajder v. Scott, 160 F.3d 1066, 1067 (5th Cir. 1998).
In this instance, respondent was incarcerated in the Federal Medical Center located in Fort Worth, Texas, when he filed the instant petition. He remains confined in Fort Worth. The Fort Worth Division can properly exercise jurisdiction over this case. For these reasons, that Division appears the more appropriate court for this action.
RECOMMENDATION
For the foregoing reasons, it is recommended that the District Court transfer the petition to the United States District Court for the Northern District of Texas, Fort Worth Division.