CASTRO v. DAVIS

Civil Action No. 2:17-CV-115.

RUDY CASTRO, Petitioner, v. LORIE DAVIS, Respondent.

United States District Court, S.D. Texas, Corpus Christi Division.

Editors Note
Applicable Law: 28 U.S.C. § 2254
Cause: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Nature of Suit: 530 Habeas Corpus (General)
Source: PACER


Attorney(s) appearing for the Case

Rudy Castro, Petitioner, Pro Se.

Director, TDCJ Lorie Davis, Respondent, represented by Edward L. Marshall , Assistant Attorney General.


OPINION AND ORDER OF TRANSFER

JASON B. LIBBY, Magistrate Judge.

This is a habeas action filed on March 22, 2017, by a state prisoner incarcerated at the Chase Field Trustee Camp, which is located in Bee County, Texas. (D.E. 1). In his petition, Petitioner challenges his 2008 Bexar County conviction and sentence. (D.E. 1, Page 2).

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 the Corpus Christi Division of the Southern District of Texas, 28 U.S.C. 124(b)(1), and he was convicted by a court located in Bexar County in the San Antonio Division of the Western District of Texas. 28 U.S.C. 124(d)(4).

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 Bexar County, it is more convenient and would further the interests of justice for this action to be handled in the San Antonio Division of the Western District of Texas. The records of his conviction and the prosecutor and defense lawyers are all located in the San Antonio Division of the Western District of Texas.

Accordingly, it is ordered that this case be transferred to the United States District Court for the Western District of Texas, San Antonio Division. All pending motions are denied as moot and are subject to renewal after the case is transferred.


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