Christian v. Commonwealth of PA et al

Filing 15

ORDER (memorandum filed previously as separate docket entry)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, it would be prudent to transfer this action to the Eastern District. An appropriate Order will enter.Signed by Honorable Richard P. Conaboy on 2/13/15. (cc)

IN THE UNITED STATES DISTRICT COURT
FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
JULIO CHRISTIAN,
Petitioner
v.
COMMONWEALTH OF PENNSYLVANIA,
Respondent

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CIVIL NO. 3:CV-14-2213
(Judge Conaboy)

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MEMORANDUM
Background
Julio Christian, an inmate presently confined at the
Rockview State Correctional Institution, Bellefonte,
Pennsylvania (SCI-Rockview), filed this pro se action seeking
habeas corpus relief to 28 U.S.C. § 2254.

Named as Respondent

therein is the Commonwealth of Pennsylvania.1 Pursuant to the
Petitioner’s request, a subsequent action he initiated,
Christian v. Commonwealth, Civil No. 3:CV-14-2272 was previously
consolidated into this matter pursuant to Federal Rule of Civil
Procedure 42(a).
Although, the exact nature of his allegations is not clear,
Christian sets forth multiple general claims challenging the

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The only properly named Respondent in a federal habeas
corpus action is Petitioner’s custodial official, in this case, the
SCI-Rockview Superintendent. See 28 U.S.C. § 2242.
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legality of his Pennsylvania state court prosecution.

The

Petitioner has also filed a number of supplements and amendments
to his action.

See Docs, 4-8, 10, 14.

Service of the Petition

has not yet been ordered.
Discussion
A § 2254 habeas corpus petition may be filed in the
district where the applicant is confined or in the district
where he was convicted.
(E.D. Pa. 2008).

Fletcher v. Rozum, 2008 WL 2609826 * 2

On August 27, 1987, Christian entered a guilty

plea to multiple drug charges in the Philadelphia County,
Pennsylvania Court of Common Pleas.

See Christian v.

Commonwealth, Civil No. 2:07-cv-3715 (E.D. Pa. March 28, 2008).
Petitioner’s pneidng

indicates that he is presently serving a

12-46 term of incarceration that was imposed as a result of his
August 27, 1987 guilty plea.

See Doc. 1-1., ¶ 4.

It has been recognized that an application for habeas corpus
relief under § 2254 “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” is properly filed either
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 those district courts shall have concurrent jurisdiction

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to entertain the application.

See 28 U.S.C. §2241(d).

The Philadelphia County Court of Common Pleas is located
within the jurisdiction of the United States District Court for
the Eastern District of Pennsylvania.

Under § 2241(d), the

district court for the district in which a habeas petition is
filed “in the exercise of its discretion and in furtherance of
justice may transfer the application to the other district court
for hearing determination.”
Moreover, 28 U.S.C. § 1404(a) states, “[f]or the convenience
of parties and witnesses, in the interest of justice, a district
court may transfer any civil action to any other district where it
might have been brought.”

A district court may transfer a habeas

petition pursuant to § 1404(a).

See In re Nwanze, 242 F.3d 521,

526, n. 2 (3d Cir. 2001)(§ 1404(a) applies to transfers of habeas
corpus petitions); Fletcher, 2008 WL 2609826 at * 2.
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, it would be prudent to
transfer this action to the Eastern District.

An appropriate

Order will enter.
S/Richard P. Conaboy
RICHARD P. CONABOY
United States District Judge
DATED: FEBRUARY 13, 2015
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