CARTER v. MAZURKIEWICZ et al

Filing 7

MEMORANDUM AND OPINION that case should be transferred to the E.D.Pa. Petitioner to show cause, if any, why the transfer should not be ordered. Signed by Judge Robert C. Mitchell on 10/05/2011. (Mitchell, Robert)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MR. MELVIN CARTER, FZ-7209,
Petitioner,
v.
MR. JOE MAZURKIEWICZ, et al.,
Respondents.

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MEMORANDUM and ORDER
Mitchell, M.J.:
Melvin Carter, an inmate at the State Correctional Institution at Greensburg has
presented a petition for a writ of habeas corpus. In his petition Carter sets forth that he is
presently serving a fifteen to thirty year sentence imposed following his conviction of
various sexual offenses at No. 4537-03 in the Court of Common Pleas of Delaware
County, Pennsylvania.
It is provided in 28 U.S.C. '2241(d) that:
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.
While the petitioner is in custody in the Western District of Pennsylvania, the trial court
which sentenced him is located in Delaware County which is located in the Eastern District of
Pennsylvania. Since it would appear that the interests of justice would best be served by
transferring the instant petition to the United States District Court for the Eastern District of
Pennsylvania, the petition will be transferred to that District.
An appropriate Order shall be entered.
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ORDER

AND NOW, this 5th day of October, 2011, IT IS ORDERED that within fourteen days
(14) of this date, the petitioner show cause, if any why the instant petition should not be
transferred to the United States District Court for the Eastern District of Pennsylvania. Failure to
do so will waive any rights to object.
s/ Robert C. Mitchell
United States Magistrate Judge

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