United States District Court, E.D. Pennsylvania
July 26, 2004.
PENNSYLVANIA PAROLE BOARD, et al.
The opinion of the court was delivered by: DIANE WELSH, Magistrate Judge
REPORT AND RECOMMENDATION
Presently before the Court is a pro se Petition for Writ of
Habeas Corpus filed by Brian Cohen pursuant to
28 U.S.C. § 2254.*fn1 Petitioner is currently incarcerated at the State
Correctional Institution in Albion, Pennsylvania ("SCI-Albion"),
located in Erie County.*fn2 For the reasons which follow,
the petition should be transferred to the United States District
Court for the Western District of Pennsylvania. DISCUSSION
Title 28 U.S.C. § 2241(d) provides:
Where an application for a writ of habeas corpus is
made by a person in custody under the judgment and
sentence of a State court of a State which contains
two or more Federal judicial districts, the
application may be filed in the district court for
the district wherein such person is in custody or in
the district court for the district within which the
State court was held which convicted and sentenced
him and each of such district courts shall have
concurrent jurisdiction to entertain the application.
The district court for the district wherein such an
application is filed in the exercise of its
discretion and in furtherance of justice may transfer
the application to the other district court for
hearing and determination.
In the present case, petitioner and his custodian are located in
the Western District of Pennsylvania.*fn3
petitioner may have been convicted by a state court within the
Eastern District twelve years ago, see Hab. Pet. ¶¶ 1-6, the
present petition does not challenge the lawfulness of his
underlying convictions. Instead, petitioner challenges subsequent
actions of the Pennsylvania Board of Probation and Parole
("Board"). See Hab. Pet. ¶ 12.
Under the circumstances in the present case, it would be more
practical and equitable to transfer petitioner's application to
the Western District of Pennsylvania since that is where
petitioner and his custodian are located. See Gellock v.
Freeman, 1987 WL 7208, at *1 (E.D. Pa. Feb. 27, 1987)
(transferring § 2254 petition to district where petitioner and
custodian were located); Yacoubian v. Petsock, 1986 WL 2564, at *1 (E.D. Pa.
Feb. 25, 1986) (same). Among other things, the inconvenience of
transferring petitioner from Erie County, Pennsylvania to
Philadelphia for any hearings makes the Western District a more
appropriate forum. See Gellock, 1987 WL 7208, at *1;
Yacoubian, 1986 WL 2564, at *1. Accordingly, this petition
should be transferred, in the interest of justice, to the United
States District Court for the Western District of Pennsylvania,
pursuant to 28 U.S.C. § 2241(d). See Gellock, 1987 WL 7208,
at *1; Yacoubian, 1986 WL 2564, at *1.
My Recommendation follows. RECOMMENDATION
AND NOW, this day of July, 2004, upon consideration of the
Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254, for
the reasons given in the accompanying Report, IT IS RECOMMENDED
that the Petition for Writ of Habeas Corpus be TRANSFERRED to the
United States District Court for the Western District of