United States District Court, M.D. Pennsylvania
April 3, 2015
SIRILO ALVAREZ CAMACHO, Petitioner,
UNITED STATES OF AMERICA, Respondent.
REPORT AND RECOMMENDATION
JOSEPH F. SAPORITO, Jr., Magistrate Judge.
The Petitioner ("Camacho") an inmate at the Moshannon Valley Correctional Center, Phillipsburg, Pennsylvania, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 on March 26, 2015. Camacho has not paid the $5.00 filing fee and has filed a motion for leave to proceed in forma pauperis (Doc. 4).
28 U.S.C. § 2241(a) provides that "[w]rits of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions." 28 U.S.C. § 2243 further provides that the "writ, or order to show cause shall be directed to the person having custody of the person detained." Thus, a § 2241 petition may be filed in the district court having territorial jurisdiction over the place where the petitioner is incarcerated or otherwise physically present in custody. Where a § 2241 petition is filed elsewhere, it may be and usually is transferred to the district of actual custody under the doctrine of forum non conveniens. Chatman- Bey v. Thornburgh , 864 F.2d 804 (D.C. Cir. 1988). "Any issue as to the convenience of the forum can be resolved as a venue question, and the District Court has full power under 28 U.S.C. § 1404(a) to transfer the case to a more appropriate district, provided the suit could have been brought there in the first instance." McCoy v. U.S. Bd. of Parole , 537 F.2d 962 (8th Cir. 1976), citing Lee v. United States , 501 F.2d 494, 501 (8th Cir. 1974).
In the instant proceeding, Camacho is incarcerated at the Moshannon Valley Correctional Center, Phillipsburg, Clearfield County, Pennsylvania, which is located in the Western District of Pennsylvania. Clearly, the petition could have been brought in that district. The Western District of Pennsylvania is the more appropriate forum.
Based on the foregoing, it is respectfully recommended that this petition be transferred to the United States District Court for the Western District of Pennsylvania pursuant to 28 U.S.C. § 1404(a) and that disposition of petitioner's motion for leave to proceed in forma pauperis (Doc. 4) be left to the discretion of the transferee court.