Lasher v. Stephens

Western District of Texas, txwd-6:2015-cv-00120

ORDER TO TRANSFER CASE to WDTX - Waco Division (Signed by Judge Nelva Gonzales Ramos) Parties notified.(sscotch, 2) [Transferred from Texas Southern on 4/14/2015.]

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION JOHN EDISON LASHER, § § Petitioner, § VS. § CIVIL ACTION NO. 2:15-CV-169 § WILLIAM STEPHENS, § § Respondent. § OPINION AND ORDER OF TRANSFER This is a habeas action filed by a state prisoner incarcerated at the McConnell Unit in Beeville, Texas, which is located in Bee County. (D.E. 1). In his complaint, Petitioner challenges his Leon County 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 at the time of filing is in the Corpus Christi Division of the Southern District of Texas, 28 U.S.C. § 124(b)(6), and he was convicted by a court located in Leon County in the Waco Division of the Western District of Texas. 28 U.S.C. § 124(d)(2). 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 1/2 Petitioner was convicted in Leon County, it is more convenient and would further the interests of justice for this action to be handled in the Waco Division of the Western District of Texas. The records of his conviction and the prosecutor and defense lawyers are all located in the Waco 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, Waco Division. ORDERED this 10th day of April, 2015. ___________________________________ NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE 2/2