Morrison v. Warden of SCI-Coal Township et al

Filing 5

MEMORANDUM (Order to follow as separate docket entry) Signed by Honorable Julia K Munley on 5/8/24. (sm) [Transferred from Pennsylvania Middle on 5/10/2024.]

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 3:24-cv-0633

KEITH D. MORRISON II,
Petitioner

(Judge Munley)
V.

WARDEN, SCI-COAL TOWNSHIP,
Respondent

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MEMORANDUM
I. Background
On April 11, 2024, Petitioner, Keith D. Morrison , an inmate confined in

the State Correctional Institution , Coal Township, Pennsylvania, filed the
above captioned petition for writ of habeas corpus, pursuant to 28 U.S.C.
§2254. (Doc. 1). He challenges a sentence imposed by the Montgomery
County Court of Common Pleas.

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The filing fee has been paid. (Doc. 4 ).

For the reasons outlined below, the Court will transfer the petition to the
United States District Court for the Eastern District of Pennsylvania.

II. Discussion
Petitioner is challenging his 2016 sentence in the Montgomery County
Court of Common Pleas. (Doc. 1). The district in which Petitioner was
convicted is the Eastern District of Pennsylvania.
In states with two or more federal judicial districts, a state prisoner may
file a habeas petition in one of two federal district courts: (1) the federal
judicial district where the prisoner is in custody; or (2) the federal judicial
district where the state court of conviction is located . 28 U.S.C. §2241 (d).
Each of those districts have "jurisdiction to entertain the petition ." lit Section
2241 (d), however, also provides that a district court "in the exercise of its
discretion and in furtherance of justice," may transfer a petitioner's §2254
petition to "the district court for the district within which the State court was
held which convicted and sentenced [the petitioner] ." 28 U.S.C. §2241 (d) .
Additionally, 28 U.S.C . §1404 vests a district court with the authority to
transfer any civil action , "for the conven ience of the parties and witnesses , in
the interest of justice," to any district where the action might have been
brought. 28 U.S.C. §1404(a).
In this case, Morrison is currently incarcerated at SCI-Coal Township,
which is located in Northumberland County, which is within the territorial
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boundaries of the Middle District of Pennsylvania. However, in his petition ,
Morrison challenges the val idity of his sentence which was obtained in the
Montgomery County Court of Common Pleas , which is located within the
territorial boundaries of the Eastern District of Pennsylvania. See 28 U.S.C.
§118(a). Since the trial court, as well as any records , witnesses and counsel ,
are located within the United States District Court for the Eastern District of
Pennsylvania , the Court will transfer this action to the Eastern District.
Ill.

CONCLUSION

For the reasons set forth above, the Court will transfer the above
captioned action to the United States District Court for the Eastern District of
Pennsylvania.

A separate Order will be entered.

Date: May

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