Witman v. Commonwealth of Pennsylvania et al

Filing 5

MEMORANDUM (Order to follow as separate docket entry)since the sentencing court, as well as any records, witnesses and defense counsel, are located within the United States Dstrict Court for the Eastern District of Pennsylvania, it would prudent to transfer this action to the Easternstrict. An appropriate Order will enter.Signed by Honorable Richard P. Conaboy on 4/13/16. (cc)

IN THE UNITED STATES DISTRICT COURT

FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

ANDREW RONALD WITMAN,
Petitioner
CIVIL NO.

v.

3:CV-16-597

-fLED
COMMONWEALTH OF PENNSYLVANIA,

..'-\N

(Judge Conaboy)

1

Respondent

MEMORANDUM

Background

This pro se petition for writ of habeas corp us pursuant t o
28 U.S.C. § 2254 was initia ted by Andrew Ronald Witman,

an

inmate presently confined at the State Correctional Institution,
Houtzdale,

Pennsylvania

(SCI-Houtzdale).

The required filing

fee has been paid.
Name d as Respondent is the Commonwealth of Pennsyl v ania.

1

Witman states that he plead guilty to a charge of in vo lun ta r y
deviate sexual intercourse exposure,
corruption of a minor,

statutory sexual assault,

unlawful con tact with a minor,

intimidati on of a witness,

and aggravated indecent assault in

the Lancas t e r Co unt y Court of Common Pleas.

See Doc. 1,

~

~

1­

1 The only properly named Respondent
in a fe deral habeas corpus
action is Petitioner's custodial official, the SCI-Houtzdale
Warden.
See 28 U.S.C. § 2242.

1

5.

Petitioner is presently serving an eight (8) to twenty (20)

year term of imprisonment which was imposed on May 16, 2012.
Witman's present petition challenges the legality of his
sentence.
Discussion
A
dist

§

2254 habeas corpus petition may be filed in the

ct where the applicant is confined or in the district

where he was convicted.
(E.D.

Pa. 2008).

Fletcher v. Rozum, 2008 WL 2609826 * 2

28 U.S.C.

§

2241(d) provides:

(d) 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
juris ction 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.
Witman is attacking the legality of a sentence which was
imposed by the Lancaster County Court of COITIDOn Pleas, which is
located within the jurisdiction of the United States District
Court for the Eastern District of Pennsylvania.
As noted above, under

§

2241(d), the district court for the

district in which a habeas petition is

led "in the exercise of

its discretion and in furtherance of justice may transfer the
2

application."

Moreover, 28 U.S.C.

§

1404(a) states, "[fJor 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."
court may transfer a habeas petition pursuant to
242 F.3d 521, 526, n. 2 (3d
appl

s to transfers of habeas corpus

r.

A district
§

1404(a).

2001)

(§

1404 (a)

itions); Fletcher, 2008

WL 2609826 at * 2.
since the sentencing court, as well as any reco
witnesses and defense counsel, are located within the United
States

strict Court for the Eastern District of Pennsylvania,

it would
strict.

prudent to transfer this action to the Eastern
An appropriate Order will enter.

R
CONABOY
United States Distri

DATED: APRIL

. '),rJ4

{IJ ' 2016

3

Judge