HARDY v. LAMAS et al
MEMORANDUM AND OPINION transferring petition to the USDC for the Middle District of PA. Signed by Magistrate Judge Robert C. Mitchell on 10/08/2013. (Mitchell, Robert) [Transferred from Pennsylvania Western on 10/9/2013.]
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KENNETH M. HARDY, Jr., GD-5323,
MARIROSA LAMAS, et al.,
MEMORANDUM and ORDER
Kenneth M. Hardy, an inmate at the State Correctional at Bellefonte has presented a
petition for a writ of habeas corpus. For the reasons set forth below, the petition will be
transferred forthwith to the United States District Court for the Middle District of Pennsylvania.
Hardy is presently serving an eighteen to forty year sentence imposed following his
conviction in the Court of Common Pleas of Mifflin County, Pennsylvania.
It is provided in 28 U.S.C. '2241(d) that:
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.
While the petitioner is in custody in the Western District of Pennsylvania, the trial court
which sentenced him is located in Mifflin County, which is located in the Middle District of
Pennsylvania. It, therefore, would appear that the interests of justice would best be served by
transferring the petition to the United States District Court for the Middle District of
An appropriate Order will be entered.
AND NOW, this 8th day of October, 2013 for the reasons set forth in the
foregoing Memorandum, IT IS ORDERED that the above captioned case be transferred
forthwith to the United States District Court of the District of Pennsylvania.
s/ Robert C. Mitchell
United States Magistrate Judge
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