BURKHOLDER v. MAZURKIEWICZ et al

Filing 8

ORDER adopting Report and Recommendations re 7 Report and Recommendations. IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus (the Petition) filed pursuant to 28 U.S.C. § 2254 is transferred forthwith to the United States Distri ct Court for the Eastern District of Pennsylvania because that is the District wherein Petitioners state court conviction was obtained, and, as such, it is the proper venue for litigation of the underlying allegations of the Petition. Signed by Judge Terrence F. McVerry on 4/25/2013. (kly)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

RAQUE BURKHOLDER,

)
Petitioner,
)
)
vs.
) Civil Action No. 13-153
) Judge Terrence F. McVerry/
) Magistrate Judge Maureen P. Kelly
JOSEPH MAZURKIEWICZ; THE
)
ATTORNEY GENERAL OF THE STATE )
OF PENNSYLVANIA,
)
Respondents. )

ORDER
AND NOW, this 25th day of April, 2013, after the Petitioner, Raque
Burkholder, 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 April 19, 2013, 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 forthwith to the United States District
Court for the Eastern District of Pennsylvania because that is the District wherein Petitioner’s
state court conviction 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)(1) of the Federal Rules
of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as

provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court,
at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days.

s/TERRENCE F. McVERRY
United States District Judge
cc:

Honorable Maureen P. Kelly
United States Magistrate Judge
All Counsel of Record by electronic filing