Pittman v. Smith et al

Filing 5

MEMORANDUM (Order to follow as separate docket entry)Since the Plaintiff is asserting claims based upon his place of confinement, SCI-Houtzdale, which is located within the United States District Court for the Western District of Pennsylvania, it would be prudent to transfer this action to the Western District. An appropriate Order will enter.Signed by Honorable Richard P. Conaboy on 4/4/17. (cc)

IN THE UNITED STATES DISTRICT COURT
FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
GABRIEL PITTMAN,

:
:
Petitioner
:
:
v.
:
CIVIL NO. 3:CV-17-94
:
BARRY SMITH,
:
:
(Judge Conaboy)
:
Respondent
:
________________________________________________________________
MEMORANDUM
Background
This pro se petition for writ of habeas corpus pursuant to
28 U.S.C. § 2254 was initiated by Gabriel Pittman, an inmate
presently confined at the State Correctional Institution,
Houtzdale, Pennsylvania (SCI-Houtzdale). Named as Respondent is
SCI-Houtzdale Superintendent Barry Smith.

Petitioner has also

filed an in forma pauperis application.
Petitioner indicates that he is presently serving a
sentence which was imposed by the Lehigh County Court of Common
Pleas.

However, Pittman states that he is not challenging the

legality of his state criminal conviction or sentence.

See Doc.

1, p. 4. Rather, he claims entitlement to federal habeas corpus
relief on the grounds that he is being subjected to
unconstitutional conditions of confinements and repeated acts of
unwarranted use of excessive force.
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Pittman is also apparently

contending that the federal government is somehow responsible
for his state criminal conviction and the alleged
unconstitutional treatment he is receiving in prison.
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

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
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.
Petitioner is presently confined at SCI-Houtzdale which is
located within the confines of the United States District Court
for the Western District of Pennsylvania.

Pittman’s criminal

conviction which occurred in the Lehigh County Court of Common
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 filed “in the exercise of
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its discretion and in furtherance of justice may transfer the
application.”

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 Plaintiff is asserting claims based upon his
place of confinement, SCI-Houtzdale, which is located within the
United States District Court for the Western District of
Pennsylvania, it would be prudent to transfer this action to the
Western District.

An appropriate Order will enter.

S/Richard P. Conaboy
RICHARD P. CONABOY
United States District Judge

DATED: APRIL 4 , 2017

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