Ricardo Banuelos v. Cynthia Swain
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT September 09, 2019 SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk
CORPUS CHRISTI DIVISION
RICARDO BANUELOS, §
§ Petitioner, §
VS. § CIVIL ACTION NO. 2:19-CV-257
§
CYNTHIA SWAIN, §
§ Respondent. §
OPINION AND ORDER OF TRANSFER
This is a habeas action filed pursuant to 28 U.S.C. § 2241 on August 25, 2019 and received by this Court on September 4, 2019. (D.E. 1). Petitioner Ricardo Banuelos (89566-379), who is challenging the calculation of his projected release date by the Bureau of Prisons, is incarcerated at FCI Victorville in San Bernardino County, California, which is within the Central District of California. (D.E. 1). 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). FCI Victorville is located in San Bernardino County, California which is within the …