Reported / Citable
Background
Homer Lavon McNeely, a state prisoner proceeding pro se, filed a habeas corpus petition in the Eastern District of Texas under 28 U.S.C. § 2241. McNeely sought a transfer from state custody to a federal prison. At the time of filing, he was confined at the Pam Lyncher State Jail.
The Pam Lyncher State Jail is located in Harris County, Texas, which falls within the geographical boundaries of the Southern District of Texas — not the Eastern District where McNeely filed his petition.
The Court’s Holding
Magistrate Judge Zack Hawthorn determined that the Eastern District of Texas lacked jurisdiction over the petition. Under Fifth Circuit precedent, a § 2241 habeas petition must be filed in the district where the petitioner is incarcerated, and a court lacking jurisdiction cannot simply transfer the case to a more convenient forum. However, pursuant to 28 U.S.C. § 1631, a court may transfer an action in the interest of justice to a court where the action could have been brought.
The court ordered the petition transferred to the Houston Division of the U.S. District Court for the Southern District of Texas, the district in which McNeely was confined at the time of filing.
Key Takeaways
- A § 2241 habeas petition must be filed in the district court that has jurisdiction over the prisoner’s place of confinement; filing in the wrong district deprives that court of jurisdiction.
- A court lacking § 2241 jurisdiction cannot retain a petition or transfer it merely for the convenience of parties — transfer is only proper under 28 U.S.C. § 1631 in the interest of justice, to a court that could have heard the action originally.
- Because the Pam Lyncher State Jail sits in Harris County (Southern District of Texas), the Eastern District of Texas transferred the petition to the Houston Division of the Southern District of Texas.
Why It Matters
This decision reinforces a straightforward but frequently litigated rule: jurisdiction over a § 2241 habeas petition is tied to where the prisoner is physically confined, not where the petitioner or counsel may prefer to litigate. Pro se prisoners who file in the wrong district risk delay while their cases are transferred rather than heard on the merits.
The opinion also illustrates the narrow transfer authority courts retain under 28 U.S.C. § 1631 when jurisdiction is absent — a practical safety valve that avoids outright dismissal and preserves the petitioner’s ability to have the claim considered in the proper forum.