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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF TEXAS

CORPUS CHRISTI DIVISION

JOE SALINAS ESTRADA, JR.,

 Plaintiff,

VS.

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 CIVIL ACTION NO. 2:23-CV-00167

BRYAN COLLIER, et al.,

 Defendants.

OPINION AND ORDER OF TRANSFER

Plaintiff Joe Estrada (#00835624) is currently incarcerated at the Stiles Unit in 

Beaumont, Texas. (D.E. 1). In his filing, Petitioner challenges issues relating to his 

confinement at the Stiles Unit. (D.E. 1). Specifically, Petitioner alleges he is being falsely 

imprisoned and he is entitled to release on parole. He labels his filing as “Petition for Civil 

Rights Action Underlying Respondents Violations of law & J.S.E. Jr’s rights.” (D.E. 1, 

Page 1). However, he also titled his filing “Joe Salinas Estrada Junior’s Petitioner for 

redress of His Legal Brief Grievances Upon Petition for Writ of habeas Corpus Ad 

subjiciendum As Pleaded On His Memorandum of law & Facts For release of False 

Imprisonment.” (D.E. 1, Page 1). Therefore, it is unclear whether Mr. Estrada is seeking 

to file a habeas action or a prisoner civil rights complaint. 

A civil action wherein jurisdiction is not founded solely on diversity of citizenship 

may be brought in (1) a judicial district where any defendant resides, if all defendants reside 

in the same state, or (2) a judicial district in which a substantial part of the events or 

United States District Court

Southern District of Texas

ENTERED

July 03, 2023

Nathan Ochsner, Clerk

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omissions giving rise to the claim occurred. 28 U.S.C. § 1391(b). Further, 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). In addition, for the convenience of parties and witnesses, and 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). 

It is clear this Court does not have jurisdiction over Mr. Estrada’s case, whether it 

should be filed as § 1983 prisoner civil rights case or, instead, a habeas action. None of 

the events complained of occurred in the Corpus Christi Division of the Southern District 

of Texas and Mr. Estrada is neither housed nor was he convicted here. Mr. Estrada’s place 

of incarceration at the time of filing is in the Beaumont Division of the Eastern District of 

Texas, 28 U.S.C. § 124(c)(2), and he was convicted of indecency with a child and 

aggravated sexual assault of a child by a court located in Harris County in the Houston 

Division of the Southern District of Texas. 28 U.S.C. § 124(b)(2). 

Petitioner has recently raised similar issues related to his release in the Eastern 

District of Texas, where he is incarcerated. Estrada, Jr. v. Director TDCJ-CID, 6:20-cv168-JDK-KNM (E.D. Tex. July 13, 2022) (Dismissing habeas petition related to his parole 

eligibility date); Estrada v. Director TDCJ-CID, 1:21-cv-548 (E.D. Tex. Dec. 5, 2022) 

(Same). Therefore, it is more convenient and would further the interests of justice for this 

action to be handled in the Beaumont Division of the Eastern District of Texas. 

Accordingly, it is ORDERED that this case be transferred to the United States District 

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Court for the Eastern District of Texas, Beaumont Division. The Clerk of Court is 

DIRECTED to CLOSE this case. Any future filings shall be made only in the transferred 

case.

ORDERED on July 3, 2023.

_______________________________

Jason B. Libby

United States Magistrate Judge

 

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