Smith v. Director, TDCJ-CID <b><font color="red">Case transferred to the District of New Jersey.</font></b>
This text of Smith v. Director, TDCJ-CID <b><font color="red">Case transferred to the District of New Jersey.</font></b> (Smith v. Director, TDCJ-CID <b><font color="red">Case transferred to the District of New Jersey.</font></b>) is published on Counsel Stack Legal Research, covering District Court, E.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION RANDALL TODD SMITH § VS. § CIVIL ACTION NO. 9:23cv19 UNITED STATES OF AMERICA § MEMORANDUM OPINION AND ORDER REGARDING VENUE Petitioner Randall Todd Smith, an inmate confined in the Federal Correctional Institute at Fort Dix, New Jersey (“FCI-Fort Dix”), filed what has been construed as a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. A petition filed pursuant to Section 2241 must filed in the judicial district where the petitioner is incarcerated. United States v. Gabor, 905 F.2d 76, 78 (Sth Cir. 1990).' FCI-Fort Dix is located in Burlington County, New Jersey, which is in the District of New Jersey. As petitioner is not confined within the Eastern District of Texas, this court lacks jurisdiction over his petition. Accordingly, this petition will be transferred to the United States District Court for the District of New Jersey. ORDER For the reasons set forth above, it is ORDERED that this petition for writ of habeas corpus is TRANSFERRED to the United States District Court for the District of New Jersey. SIGNED this 25th day of January, 2023. Zack Hawthorn United States Magistrate Judge
+ Pursuant to 28 U.S.C. § 2241(d), an application for a writ of habeas corpus filed by a person incarcerated or the district in which he was convicted. However, petitioner isnot incarcerated pursuant to 4 state court judgment.
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Smith v. Director, TDCJ-CID <b><font color="red">Case transferred to the District of New Jersey.</font></b>, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-director-tdcj-cid-bfont-colorredcase-transferred-to-the-txed-2023.