Jose Angel Valadez Diaz v. Eric Guerrero

Summary

The court transfers a habeas action under 28 U.S.C. § 2254 from the Corpus Christi Division to the McAllen Division of the Southern District of Texas. Because the petitioner was convicted in Hidalgo County, the court concludes that the McAllen Division is more convenient and that transfer serves the interests of justice. Pending motions are denied as moot and may be renewed after transfer.

Holdings

1. A § 2254 habeas action may be transferred to the federal district or division in which the state court that convicted and sentenced the petitioner was located when transfer would be more convenient and further the interests of justice.

Questions Presented

1. Whether the § 2254 habeas action should be transferred from the Corpus Christi Division to the McAllen Division of the Southern District of Texas because the petitioner was convicted there and the relevant records and witnesses are located there.

Disposition

transferred