Treakle v. Doughty

Full title: LARRY JAMES TREAKLE v. DAVID DOUGHTY

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

Date published: Jul 9, 2003

CIVIL ACTION NO. 1:03cv344 (E.D. Tex. Jul. 9, 2003)

Opinion

CIVIL ACTION NO. 1:03cv344.

July 9, 2003.

MEMORANDUM ORDER REGARDING TRANSFER

WENDELL RADFORD, Magistrate Judge

Petitioner Larry James Treakle, an inmate confined at the Stiles Unit of the Texas Department of Criminal Justice, Institutional Division, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

Discussion

Petitioner brings this petition challenging the validity of certain disciplinary convictions as well as his eligibility for release on parole.

Pursuant to 28 U.S.C. § 2241(d), a petitioner may bring his petition for writ of habeas corpus in the district court for the district wherein such person is in custody or in the district court for the district within which he was convicted. Section 2241(d) further provides that the district court in the exercise of its discretion may transfer the action to the other district in the furtherance of justice.

Petitioner is currently confined at the Stiles Unit in Beaumont, Texas. However, petitioner was convicted in Tarrant County, Texas. Pursuant to 28 U.S.C § 124, Tarrant County is in the Fort Worth Division of the Northern District of Texas.

Under 28 U.S.C. § 1404(a), for the convenience of parties and witnesses and in the interest of justice, a district court may transfer any civil action to any other district or division where it could have been brought. Such a transfer may be done sua sponte and is reviewable only for an abuse of discretion. Mills v. Beech Aircraft Corp., 886 F.2d 758, 761 (5th Cir. 1989).

While jurisdiction is proper in the Eastern District of Texas as petitioner is confined here, the court has considered the circumstances and has determined that the interest of justice would best be served if this petition were transferred to the division in which the petitioner was convicted. Therefore, it is the opinion of the undersigned that this petition should be transferred to the United States District Court for the Northern District of Texas, Fort Worth Division. An Order of Transfer so providing shall be entered in accordance with this Memorandum Order.