Cantu v. Warden, SCP Three Rivers Case transferred to Corpus Christi.
Cantu v. Warden, SCP Three Rivers Case transferred to Corpus Christi.
Trial Court Opinion
UNITED STATES DISTRICT COURT March 10, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk VICTORIA DIVISION
HOMERO REY CANTU, § § Petitioner, § § VS. § CIVIL ACTION NO. 6:25-CV-00014 § WARDEN, SCP THREE RIVERS, § § Respondent. §
OPINION AND ORDER OF TRANSFER
This is a habeas action filed pursuant to
28 U.S.C. § 2241. (D.E. 1). Petitioner Homero Rey Cantu (98371-079) is incarcerated at FCI Three Rivers which is located in Live Oak County, Texas, which is within the jurisdiction of the United States District Court for the Southern District of Texas, Corpus Christi Division.
28 U.S.C. § 124(b)(6). Petitioner filed this Petition in the Victoria Division of the Southern District of Texas.
28 U.S.C. § 124(b)(5). It is well established that a petition for writ of habeas corpus filed pursuant to
28 U.S.C. § 2241must be filed in the district where the prisoner is incarcerated. Hooker v. Sivley,
187 F.3d 680, 682(5th Cir. 1999) (citation omitted); see also Pack v. Yusuff,
218 F.3d 448, 451(5th Cir. 2000) (citations omitted). A district court has the authority to transfer a case in the interest of justice to another district or division in which the action 1 / 2 might have been brought. 28 U.S.C. §$ 1404, 1406. The Court finds this case is more appropriately transferred to the division where Petitioner is incarcerated within this district. Therefore, the Clerk of Court is ORDERED to TRANSFER this case to the United States District Court for the Southern District of Texas, Corpus Christi Division. All pending Motions are DENIED as moot and the Clerk of Court is DIRECTED to CLOSE this case.
ORDERED on March 10, 2025.
C Jason 6 Libby Z United States Magistrate Judge
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Reference
- Status
- Unknown