Newell v. Davis-Director Tdcj-Cid

Western District of Texas, txwd-6:2019-cv-00010

MEMORANDUM AND RECOMMENDATIONS re {{1}} Petition for Writ of Habeas Corpus. Objections due within 14 days of service of this order.(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4) [Transferred from Texas Southern on 1/9/2019.]

Interested in this case?

Current View

Full Text

United States District Court Southern District of Texas ENTERED December 12, 2018 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OG TEXASradley, Clerk Jimmy Joseph Newell, Petitioner, Civil Action H - 18 - 4533 Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. una incinnamoninian Memorandum and Recommendation SU Jimmy Joseph Newell has filed a petition for writ of habeas corpus under 28U.S. C. § 2254 challenging his conviction and five - year prison sentence imposed in the 54th District Court of McLennan County, Texas. (D. E. 1 .) Mr. Newell is housed in Huntsville, Texas. Under 28U.S. C. § 2241 (d), when a petition for writ of habeas corpus is filed in a state with two or more federal judicial districts, venue is proper in either the district where the defendant is in custody, or in the district where the state court that sentenced him is located. The same statutory subsection permits a district court, in the exercise of its discretion, and in furtherance of justice, to transfer the case to the other district. McLennan County is in the Western District of Texas, Waco Division. 28U.S. C. $ 124 (d) (2) . The court records are in McLennan County. It is likely that witnesses and other evidence will be in that county as well. To the extent that there is an evidentiary hearing in this case, McLennan County will be more convenient for the parties and witnesses. See 28U.S. C. § 1404 (a) . Therefore, in the interests of justice, the court recommends that this case be transferred to the Western District of Texas, Waco Division. The parties have fourteen days from service of this memorandum and recommendation to file written objections. Failure to timely file objections will IN Ir Tec inan More CON Sse PSI SHOW HDISCORDAD A preclude appellate review of factual findings or legal conclusions, except for plain error. See Rule 8 (b) of the Rules Governing Section 2254 Cases; 28U.S. C. $ 636 (b) (1) (c); Fed. R. Civ. P. 72. MAISHA NA KUWA Signed at Houston, Texas, on December 17, 2018. UAW A ZA KISA HOCHK A LARA Peter Btay United States Magistrate Judge R A SA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .