Opinion
Civil Action 1:23cv103
03-16-2023
JULIO CESAR CASTILLO v. DIRECTOR, TDCJ-CID
MEMORANDUM OPINION AND ORDER REGARDING VENUE
Zack Hawthorn United States Magistrate Judge
Petitioner Julio Cesar Castillo, an inmate confined in the Powledge 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. Petitioner challenges a conviction for aggravated sexual assault of a child in the 351st District Court of Harris County, Texas.
Petitioner filed this petition for writ of habeas corpus in the federal judicial district where he is currently confined. Pursuant to 28 U.S.C. § 2241(d), a petitioner may bring his petition for writ of habeas corpus in either the federal judicial district in which he was convicted or the district in which he is incarcerated. In addition, Section 2241(d) provides that a district court in the exercise of its discretion may transfer the action to the other district in the furtherance of justice.
Petitioner was convicted in Harris County, Texas. Pursuant to 28 U.S.C. § 124, Harris County is in the Houston Division of the Southern District of Texas. As all records and witnesses involving this action and the underlying criminal conviction may be located in the Southern District, the transfer of this action to such district would further justice.
ORDER
Based on the foregoing, it is ORDERED that this petition is TRANSFERRED to the Houston Division of the Southern District of Texas.