BONILLA v. COLEMAN et al
Filing
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MEMORANDUM OPINION & ORDER re 1 Petition for Writ of Habeas Corpus filed by MATTHEW J. BONILLA transferring petition to Middle District of Pa. forthwith. Signed by Magistrate Judge Robert C. Mitchell on 04/13/2015. (Mitchell, Robert) Modified on 4/14/2015 to edit docket text. (ksa) [Transferred from Pennsylvania Western on 4/14/2015.]
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MATTHEW J. BONILLA, JZ3344
Petitioner,
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v.
BRIAN V. COLEMAN, et al.,
Respondents.
2:15-CV-467
MEMORANDUM and ORDER
Mitchell, M.J.:
Matthew J. Bonilla., an inmate at the State Correctional Institution at Fayette 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.
Bonilla is presented incarcerated at the State Correctional Institution at Fayette serving a
thirteen to twenty-six year sentence imposed following his conviction in the Court of Common
Pleas of Lackawanna 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 Lackawanna 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
Pennsylvania.
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An appropriate Order will be entered.
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ORDER
AND NOW, this 13th day of April, 2015 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 Middle District of Pennsylvania.
s/ Robert C. Mitchell
United States Magistrate Judge
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