LUYSTER v. WAYNE COUNTY et al
Filing
2
OPINION AND ORDER that this case be transferred to the United States District Court for the Middle District of Pennsylvania. Signed by Magistrate Judge Susan Paradise Baxter on 9/10/13. (lrw)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CLARISSA ANN LUYSTER,
Petitioner,
v.
WAYNE COUNTY, et al.,
Respondents.
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Civil Action No. 13-271 Erie
Magistrate Judge Susan Paradise Baxter
OPINION AND ORDER
The Petitioner, Clarissa Ann Luyster, is currently incarcerated in the State Correctional
Institution located in Cambridge Springs, Pennsylvania ("SCI Cambridge Springs"). She has filed with
this Court a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In the petition, Luyster is
challenging the judgment of sentence imposed upon her on May 8, 2008, by the Court of Common Pleas
of Wayne County. SCI Cambridge Springs is located within the territorial boundaries of this District.
Wayne County is located within the territorial boundaries of the U.S. District Court for the Middle
District of Pennsylvania.
When a state prisoner files a petition for a writ of habeas corpus in a state like Pennsylvania, that
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.
28 U.S.C. § 2241(d) (emphasis added).
Luyster was tried, convicted, and sentenced in the Court of Common Pleas of Wayne County
and, therefore, most, if not all, of the relevant activity occurred within the Middle District of
Pennsylvania. Thus, this Court finds that the furtherance of justice, as well as the convenience of the
parties, would be better served by transferring this case to the Middle District Court. This decision is in
accordance with the agreed practice of the U.S. District Courts for the Eastern, Middle, and Western
Districts of Pennsylvania, which is to transfer any habeas petitions filed by state prisoners in their
respective districts to the district in which the county where the judgment of sentence was had is located.
An appropriate Order follows.
Dated: September 10, 2013
/s/ Susan Paradise Baxter
SUSAN PARADISE BAXTER
United States Magistrate Judge
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CLARISSA ANN LUYSTER,
Petitioner,
v.
WAYNE COUNTY, et al.,
Respondents.
)
)
)
)
)
)
)
Civil Action No. 13-271 Erie
Magistrate Judge Susan Paradise Baxter
ORDER
AND NOW, this 10th day of September, 2013;
IT IS HEREBY ORDERED that this case be transferred to the United States District Court for
the Middle District of Pennsylvania.
/s/ Susan Paradise Baxter
SUSAN PARADISE BAXTER
United States Magistrate Judge
Notice by first class mail to:
Clarissa Ann Luyster
OM-9232
SCI Cambridge Springs
451 Fullerton Avenue
Cambridge Springs, PA 16403
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