DIXON v. WETZEL et al

Filing 6

MEMORANDUM (Order to follow as separate docket entry)Since the sentencing court, as well as any records, witness s and defense counsel, are located within the United States District Court for Western District of Pennsylvania, it would be prudent to transfer the remaining portion of thisaction to the Western Distr ct. An appropriate Order will enter.Signed by Honorable Richard P. Conaboy on 5/17/16. (cc)

IN THE UN ITE D STATE S DIST RI CT COURT

f OR THE

MIDDLE DI STRI CT OF PEN NS YL VANIA

JIMITA RACH EL DIXO -T HOMP ON,
Peti tione r
CI VIL NO . 3:CV-16-761

v.

FILE

SCI-MUNCY,

(,D'lNT ~1

(J udge Conaboy)
Respon d n t
MEMORANDUM

Background

Thi s pro se petiti o. f or wr it of hab ea s corpus pursuant t o
28 U.S.C.

§

2254 wa s ini tiated by J imita Ra c hel Dixon-Thompson,
t eSta te Correctional

an inma t e pres entl y confined
Institution, M
un y,

Pe nns y lvan ia

request to proc ee d i n f orm

Petitioner's

p au pe r i s will be granted for the

so l e purpose o f the f ili 9 o f
Named as Re s p o d e n

(S CI - Mu nc y).

~his

ac i on with this Court.

is SCI - Munc y.l

Petitioner state s that

she plead no lo c on te nd r e c o c h rg e s o f a g gravated assault,
terroristi c thr ea t s , and s imp l e ass ult in the Erie County,
Pe n nsylva n ia Cou r t o f Co .,on Ple as.

See Doc.

I,

<j[<j[

1-5.

Thompson indica te s th t she js pr ese n tl y se r vi ng a thre e
six

(6)

year t erm

0

Dixon(3)

to

i mprisonmen t wh ic h was impose d o n Februa ry

1 The only pr oper l y na me
Re ondent in a federal habeas corpus
a c tion is Petit' o e r's c ust o di al o ffic i 1, the SCI-Muncy Warde n .
See 28 U.S. C . § 2 2 4 2.

1

14, 2011.

Ground One

0

rs to contend that

the petit on

Pet tioner is entit ed t

imrnediate release becaus

two SCI-

Muncy correctional officials have sub ected her to verbal,
ncluded

ical, and sexual abuse.

n those al egations are

assertions that Pet tioner has been brainwashed, a tracking
in her vag na, and a projected

device was pla

There is

in her eyes.

Iso a vague contention by Petitioner
lost his law license. 2

that her couns 1 at sent
Two

was pIa

al

es tne legal ty of her sentence.

cifically, it contends that Petitioner "was sentenced outside
the point system" and also wnat appears to be a claim that her
roper y calculated.

sentence is being

a so appears to argue t
it was started

t he

an indiv

abuse order against.

. at p.

6.

She

prosecution was tainted because

d~al

As reI ef,

whom she filed a

ection from

Petitioner seeks a pardon, her

re ease, or a reduction of her sentence to t

served.

at p. 14.
Discussion

Civil Rights Claims

A habeas corpus petition may be brought
seeks to cha leng

either

fact or duration of his

411 C.S. 475

confinement in prison.

2

This Court ffers no
Petitioner's a egat ons.

a prisoner who

in on as to the merits of
2

.2d 745, 748

(1973) ,

==-=, 510

U.S.

920

(1993).

fact

necessarily impacts
.3d 5 2,

As noted above,

5 0

s is such that it

length of detention."

0

( d Cir.

2002).

included in the Pet tion are assertions

that Petitioner was subje

ed t

sical,

verbal,

sexual

rect onal staff at SCI-Muncy.

threats by

abuse

cert.

as corpus review is

deprivation of ri

available only "where t

288

Fede al r

(3d C r.l,

Allegations of this type even if proven would not necessarily
impact the fact
sentence.

r duratio

As such,

habe s corpus

on's ong

of Dixon

ng state

are not properly a serted in a federal

t

ction and will be dismissed without prejudice.

State Court Plea and Sentence

With re

ct to Pe itioner's challenges to the I

her nolo contendre plea a

ality of

resulting sentence, as well as any

requests for termination or reduction of her ongoing
Pennsylvania stat

sentence,

be filed in the distyict wher
the district where he was
2609826 * 2 (E.D.

Pa.

008)

2254 habeas corpus petition may

§

the applicant is confined or

nvicted.
28 U.S.C.

§

2241(d)

provides:

(d) Where an appl cation for a writ of
habeas co
s is made
a person in cus
under
judgment and sentence of a State
court of a State which contains two or more
Federal judicial districts, the application
may be fi~ed in the distri t court for the
district wherei su
person is in
stody
or in the
stri t court for the district
within whi
the S ate court was held which
convict d and sent need him and each of such
3

courts s a l have concurrent
jurisdiction to ent rtain the application.
The district court for the district wherein
such an appl cation is filed in the exercise
of its discretion and in furtherance of
justice may transf r the application to the
other district court for hearing and
determination.

distr~ct

son is parti lly attacking the legality of a

Di

plea and sentence whi

were ent red in the Erie County Court of

Common Pleas, which is located within the jurisdiction of the
strict of

United States District Court for the Western
Pennsylvania.
As noted above, under

2241(d), the district court for the

§

district in which a habeas petition is fi"ed "in the exercise of
its discretion and in furthe ance of j stice
application."
conven

Moreover, 28 U.S . .

of

§

ies and wi nesses,

justice, a district

cour~

1404(a) states, "[fJor t
in the interest of

transfer any c

~ay

transfer the

~ay

l action to any

other district where it might have been brought."
court may transfer a
""-,,-,---,,,-=.......:c;:..;.;...;=-=-=

petition pursuant t

~abea

, 242 F.3d 5 1,

A district
§

1404(a).

26, n. 2 (3d Cir. 2001)

applies to transfers of habe s corpus

(§

1404 (a)

itions);

2008

WL 26098 6 at * 2.
Since the sent Dcing

"rt, as well as any records,

witness s and defense counsel, are located within the Uni ed
States District Court for

t~e

Western District

it would be prudent to transfe
ction to the Western Distr ct.

f Pennsylvania,

the remaining portion of this
An appropriate Order will

4

enter.

DATED:

MAY

11 ~

' 2016

5