APONTE v. COLEMAN et al

Filing 6

MEMORANDUM ORDER directing that this case is transferred to the United States District Court for the Eastern District of Pennsylvania as the proper venue for litigation of allegations of the petition and further adopting the 5 Report and Recommendation of Judge Kelly as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 9/16/11. (njt)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

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JAVIER APONTE,
Plaintiff,

v.
BRIAN COLEMAN, and
PA ATTORNEY GENERAL,
Defendants.

2:11cv817

Electronic Filing
Judge David Stewart Cercone
Magistrate Judge Maureen P. Kelly

METt0RANDUM ORDER
AND NOW, this ~ day of September, 2011, after the Petitioner, Javier
Aponte, filed an action in the above-captioned case, and after a Report and Recommendation
was filed by the United States Magistrate Judge granting the parties until September 8, 2011 , to
file written objections thereto, and no objections having been filed, and upon independent review
of the record, and upon consideration of the Magistrate Judge's Report and Recommendation,
which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus ("the
Petition") filed pursuant to 28 U.S.C. § 2254 is transferred to the United States District Court for
the Eastern District of Pennsylvania because that is the District wherein the state court conviction
of Javier Aponte ("Petitioner") was obtained, and, as such, it is the proper venue for litigation of
the underlying allegations of the Petition.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(l) of the Federal Rules
of Appellate Procedure, if the Petitioner desires to appeal from this Order he must do so within
thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P.

David Stewart Cercone
United States District Judge

cc:

Javier Aponte

GL 1178

SCI Fayette

P. O. Box 9999

LaBelle, P A 15450

(Via First Class Mail)

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