Rubio v. Mullins Case electronically transferred to EDTX - Beaumont Division.

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
FELIPA RUBIO,
Petitioner,
VS.
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CIVIL ACTION NO. 2:26-CV-00129
MARKWAYNE MULLINS,
Respondent.
OPINION AND ORDER OF TRANSFER
This is a habeas action filed pursuant to 28 U.S.C. § 2241. (D.E. 1). Jose Trinidad
Rubio, as next friend for Felipa Rubio, filed this habeas case seeking relief pursuant to 28
U.S.C. § 2241. Mr. Rubio lists an address in Corpus Christi, Texas, in Nueces County
which is within the Southern District of Texas, Corpus Christi Division. 28 U.S.C.
§124(b)(6). However, a review of the TDCJ inmate locator website indicates Petitioner
herself is currently incarcerated at the Plane Jail in Dayton, Texas in Liberty County, which
is within the Eastern District of Texas, Beaumont Division. 28 U.S.C. § 124(c)(2).
It is well established that a petition for writ of habeas corpus filed pursuant to 28
U.S.C. § 2241 must 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). While Petitioner filed this case in the
Southern District of Texas, it is more appropriately transferred to the Beaumont Division
United States District Court
Southern District of Texas
ENTERED
May 04, 2026
Nathan Ochsner, Clerk
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of the Eastern District of Texas where Petitioner is currently being held. 28 U.S.C. §
124(c)(2).1
Rather than dismissal, the Court finds this case should be transferred. Therefore, the
Clerk of Court is ORDERED to TRANSFER this case to the United States District Court
for the Eastern District of Texas, Beaumont Division. All pending Motions are DENIED
as moot and the Clerk of Court is DIRECTED to CLOSE this case.
ORDERED on May 4, 2026.
_______________________________
Jason B. Libby
United States Magistrate Judge
1The undersigned notes that if Petitioner seeks to challenge her underlying state conviction, the
petition may be construed as one filed pursuant to 28 U.S.C. § 2254, necessitating a further transfer
to the appropriate court. However, at this time, Petitioner states she is challenging a removal
decision and is seeking relief pursuant to 28 U.S.C. § 2241.
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