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Daniels v. Mahally

United States District Court, M.D. Pennsylvania

August 21, 2014

CARL SHELDON DANIELS, Petitioner,
v.
LEONARD MAHALLY, Respondent.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 21st day of August, 2014, upon consideration of the petition (Doc. 1) for writ of habeas corpus filed by petitioner and state prisoner Carl Sheldon Daniels ("Daniels"), and further upon consideration of the report (Doc. 4) of Magistrate Judge Susan E. Schwab, recommending the court transfer the matter sub judice to the United States District Court for the Eastern District of Pennsylvania, (see id. at 5), the district where Daniels was convicted and where the sentence subject to Daniels' petition was imposed, (see id. at 2-5), and following an independent review of the petition, the court agreeing with Judge Schwab that the interest of justice supports transfer of this matter to the Eastern District of Pennsylvania, see In re Nwanze, 242 F.3d 521, 526 n.2 (3d Cir. 2001) (noting "that it is quite clear that ordinarily a transfer of a section 2241 proceeding relating to the validity of the petitioner's conviction from the district of confinement to the district of sentencing would be in furtherance of the convenience of the parties and witnesses") (citing In re Dorsainvil, 119 F.3d 245, 252 (3d Cir. 1997)), and it appearing that neither party has objected to the report, and that there is no clear error on the face of the record, [1] see Nara v. Frank , 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report (Doc. 4) of Magistrate Judge Susan E. Schwab is ADOPTED in its entirety.
2. The Clerk of Court is directed to TRANSFER this matter to the United States District Court for the Eastern District of Pennsylvania.

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