Connell Wickware v. Johnson

Full title: CONNELL WICKWARE v. GARY JOHNSON

Court: United States District Court, E.D. Texas, Beaumont Division

Date published: Jul 2, 2001

No. 1:01cv422 (E.D. Tex. Jul. 2, 2001)

Opinion

No. 1:01cv422

July 2, 2001

MEMORANDUM OPINION REGARDING TRANSFER

WENDELL C. RADFORD, United States District Judge.

Petitioner Connell Wickware, a prisoner confined at the Allred Unit of the Texas Department of Criminal Justice, Institutional Division, proceeding pro se, brings this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

The above-styled action was referred to the undersigned magistrate judge pursuant to 28 U.S.C. § 636 and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to the United States Magistrate Judge for findings of fact, conclusions of law, and recommendations for the disposition of the case.

Discussion

Title 28 U.S.C. § 2254(a) allows a district court to "entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2254(a). A state prisoner is required to file his federal petition for writ of habeas corpus in either the district where the prisoner is incarcerated or the district where the prisoner was convicted and sentenced. 28 U.S.C. § 2241(d).

Petitioner was convicted in Dallas County, Texas and is currently confined in Wichita County. Neither of these counties is within the boundaries of the Eastern District of Texas. Thus, this court lacks jurisdiction to hear this matter.

The petition could be dismissed for want of jurisdiction. However, 28 U.S.C. § 1631 permits the court to transfer the action, in the interest of justice, to any other court where the action could have been brought. After considering the circumstances, the court has determined that the interests of justice would best be served if this petition were transferred to the district where petitioner was convicted. Therefore, the petition should be transferred to United States District Court for the Northern District of Texas for hearing and determination. An order so providing will be entered by the undersigned.

ORDER OF TRANSFER

For the reasons stated in the accompanying Memorandum Opinion Regarding Transfer, it is

ORDERED that the Clerk of Court shall TRANSFER this action to the Dallas Division of the United States District Court for the Northern District of Texas.