Sawyer v. Guerrero

Summary

The court transfers Thomas Sawyer’s habeas action from the Corpus Christi Division to the McAllen Division of the Southern District of Texas. The court concludes that McAllen is more convenient and serves the interests of justice because Sawyer is incarcerated there and challenges the revocation of mandatory supervision rather than his underlying conviction.

Holdings

1. The action should be transferred to the McAllen Division of the Southern District of Texas because petitioner was confined there and transfer would be more convenient and further the interests of justice.
2. The petition may be construed as a § 2241 habeas petition because it challenged the fact or duration of confinement by seeking immediate or expedited release based on a parole-board decision.

Questions Presented

1. Whether the habeas action should be transferred to the federal division where petitioner was actually confined.
2. Whether the petition, although filed under 28 U.S.C. § 2254, should be construed as a petition under 28 U.S.C. § 2241 because it challenged the fact or duration of confinement resulting from a parole-board decision.

Disposition

other