Opinion
CIVIL ACTION NO. 2:15-CV-367
11-05-2015
JAMES LEWIS SOLIZ, Petitioner, v. WILLIAM STEPHENS, Respondent.
OPINION AND ORDER OF TRANSFER
This is a habeas action filed on August 27, 2015, by a state prisoner incarcerated at the Terrell Unit in Rosharon, Texas, which is located in Brazoria County. (D.E. 1). In his complaint, Petitioner challenges his 2011 state 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 is in Brazoria County which is located in the Galveston Division of the Southern District of Texas, 28 U.S.C. § 124(b)(1), and he was convicted by a court located in Victoria County in the Victoria Division of the Southern District of Texas. 28 U.S.C. § 124(b)(5).
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 Victoria County, it is more convenient and would further the interests of justice for this action to be handled in the Victoria Division of the Southern District of Texas. The records of his conviction and the prosecutor and defense lawyers are all located in the Victoria 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, Victoria Division.
ORDERED this 5 th day of November, 2015.
/s/_________
Jason B. Libby
United States Magistrate Judge