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Lopez v. 27th District Court - 7

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									Lopez v. 27th District Court

Doc. 7

Case 1:08-cv-00066-RHC-KFG

Document 7

Filed 02/06/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION LOUIS LOPEZ VS. 27TH DISTRICT COURT § § § CIVIL ACTION NO. 1:08cv66

MEMORANDUM OPINION REGARDING VENUE Petitioner Louis Lopez, an inmate confined in the Jester I Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner states he was previously convicted of possessing cocaine in the 27th District Court of Lampasas County, Texas. Pursuant to 28 U.S.C. § 2241(d), a petitioner may bring his petition for writ of habeas corpus in the federal judicial district in which he was convicted or the district in which he is

incarcerated. The conviction complained of occurred in Lampasas County. Pursuant to 28 U.S.C. § 124, Lampasas County is in the Austin Division of the United States District Court for the Western District of Texas. Moreover, petitioner is currently confined at Pursuant

the Jester I Unit, which is in Fort Bend County, Texas.

to Section 124, Fort Bend County is located in the Houston Division

Dockets.Justia.com

Case 1:08-cv-00066-RHC-KFG

Document 7

Filed 02/06/2008

Page 2 of 2

of the United States District Court for the Southern District of Texas. As the above in, paragraph does he indicates, complain petitioner of a is neither which

incarcerated

nor

conviction

occurred in, the Eastern District of Texas. court lacks jurisdiction over the petition.

As a result, this

As the records and witnesses regarding petitioner's conviction may be located in the Austin Division of the Western District, this petition shall be transferred to such district and division. A

Transfer Order shall be entered in accordance with this Memorandum Opinion. Hello This is a Test SIGNED this

6

day of

February

, 2008.

KEITH F. GIBLIN UNITED STATES MAGISTRATE JUDGE

2


								
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