RAYMOND v. HARLOW et al

Filing 2

OPINION AND ORDER, that 1 Petition for Writ of Habeas Corpus filed by KENNETH RAYMOND is transferred to the District Court for the Middle District of Pennsylvania. Upon transfer, the Clerk is directed to mark this case closed. Signed by Judge Susan Paradise Baxter on 5/31/11. (lrw) [Transferred from Pennsylvania Western on 6/1/2011.]

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KENNETH RAYMOND,
Petitioner
v.
SUPERINTENDENT MICHAEL W.
HARLOW, et al.,
Respondents.

)
)
)
)
)
)
)
)

C.A. No. 11-98 Erie
Magistrate Judge Baxter

OPINION AND ORDER
United States Magistrate Judge Susan Paradise Baxter
I.

INTRODUCTION
This is a petition for writ of habeas corpus, pursuant to 28 U.S.C. ' 2254, filed by a state

prisoner presently incarcerated at the State Correctional Institution at Albion in the Western
District of Pennsylvania. In his petition, Petitioner Kenneth Raymond states that he was
challenges his conviction and sentence that was imposed by the Court of Common Pleas of
Centre County, Pennsylvania, on October 19, 2005. As relief, Petitioner seeks remand for a new
trial and evidentiary hearing, dismissal of charges, and change of venue.

II.

DISCUSSION
Title 28 U.S.C. '2241(d) provides 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,

1

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.
28 U.S.C. '2241(d). See also, Bell v. Watkins, 692 F.2d 999 (5th Cir. 1982) (the district court
transferred the action on the basis of the magistrate's recommendation which indicated that the
district where the defendant was convicted was the more convenient forum because of the
accessibility of evidence).
In the case at bar, Petitioner was apparently tried and convicted of the challenged offenses
in Centre County, Pennsylvania. Petitioner=s records are located there. He is presently
incarcerated at the State Correctional Institution at Albion, within the Western District of
Pennsylvania. Centre County is located in the Middle District of Pennsylvania. This Court
finds that the interests of justice would be better served by transferring this petition to the
Middle District of Pennsylvania wherein all activity in this case occurred.
An appropriate Order follows.

2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KENNETH RAYMOND,
Petitioner
v.
SUPERINTENDENT MICHAEL W.
HARLOW, et al.,
Respondents.

)
)
)
)
)
)
)
)

C.A. No. 11-98 Erie
Magistrate Judge Baxter

ORDER

AND NOW, this 31st day of May, 2011, it is hereby ORDERED, ADJUDGED and
DECREED that this case is transferred to the United States District Court for the Middle
District of Pennsylvania.
Upon transfer, the Clerk is directed to mark this case closed.

/s/ Susan Paradise Baxter
SUSAN PARADISE BAXTER
United States Magistrate Judge

3