Adames v. Kauffman et al

Filing 3

MEMORANDUM (Order to follow 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 7/6/17. (cc)

IN THE UNITED STATES DISTRICT COURT
FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
JESUS ADAMES,

:
:
Petitioner
:
:
v.
:
CIVIL NO. 3:CV-17-1145
:
KEVIN KAUFFMAN,
:
:
(Judge Conaboy)
:
Respondent
:
________________________________________________________________
MEMORANDUM
Background
This pro se petition for writ of habeas corpus pursuant to
28 U.S.C. § 2254 was initiated by Jesus Adames, an inmate
presently confined at the State Correctional Institution,
Huntingdon, Pennsylvania (SCI-Huntingdon).

The required filing

fee has been paid.
Named as Respondent is SCI-Huntingdon Superintendent Kevin
Kauffman.

Petitioner indicates that he was convicted of two

counts of aggravated assault and recklessly endangering another
person along with related charges following a jury trial in the
Berks County Court of Common Pleas.

Petitioner is presently

serving an aggregate thirteen (13) to twenty-eight (28) year
term of imprisonment which was imposed on July 20, 2005.
Adames’ petition challenges the legality of his conviction and
sentence on multiple grounds including ineffective assistance of
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trial counsel.
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.
Adames is attacking the legality of a conviction and
sentence which transpired in the Berks 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
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
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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: JULY 6, 2017

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