Diaz v. Guerrero

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
JOSE ANGEL VALADEZ DIAZ,
Petitioner,
VS.
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CIVIL ACTION NO. 2:26-CV-00018
ERIC GUERRERO,
Respondent.
OPINION AND ORDER OF TRANSFER
This is a habeas action filed on January 12, 2026, by a state prisoner incarcerated at
the Garza West Unit in Beeville, Texas, which is located in Bee County. (D.E. 1). In his
complaint, Plaintiff challenges his December 9, 2022 Hildago County, Texas convictions,
seeking relief pursuant to 28 U.S.C. § 2254. (D.E. 1).
A habeas action may be filed either in the district where petitioner is in custody or
in the district in which petitioner was convicted. 28 U.S.C. § 2241(d); Wadsworth v.
Johnson, 235 F.3d 959 (5th Cir. 2000). Petitioner’s place of incarceration is in the Corpus
Christi Division of the Southern District of Texas and he was convicted by a court located
in the McAllen Division of the Southern District of Texas. 28 U.S.C. § 124(b)(7).
For the convenience of parties and witnesses, in the interest of justice, a district
court may transfer any civil action to any other district or division where it might have been
brought. 28 U.S.C. §§ 1404(a) and 1406(a). A habeas application may be transferred in
furtherance of justice to the district court within which the state court was held which
United States District Court
Southern District of Texas
ENTERED
January 13, 2026
Nathan Ochsner, Clerk
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convicted and sentenced the petitioner. 28 U.S.C. § 2241(d). Because Petitioner was
convicted in Hidalgo County, it is more convenient and would further the interests of
justice for this action to be handled in the McAllen Division of the Southern District of
Texas. The records of his conviction and the prosecutor and defense lawyers are all located
in the McAllen Division of the Southern District of Texas.
Accordingly, it is ORDERED that this case be transferred to the United States
District Court for the Southern District of Texas, McAllen Division. All pending motions
are DENIED as moot and are subject to renewal after the case is transferred.
ORDERED on January 13, 2026.
_______________________________
Jason B. Libby
United States Magistrate Judge
Case 7:26-cv-00012 Document 5 Filed 01/13/26 in TXSD Page 2 of 2