LAMEY v. LANE
Filing
2
MEMORANDUM OPINION & ORDER show cause why petition should not be transferred to M.D. Pa. Signed by Magistrate Judge Robert C. Mitchell on 04/15/2016. (Mitchell, Robert)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DONALD L. LAMEY, SR. CU-5308,
Petitioner,
v.
SUPERINTENDENT LANE, et al.
Respondents.
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2:16-CV-424
MEMORANDUM
Donald L. Lamey Sr., an inmate at the State Correctional Institution- Fayette-has
presented a petition for a writ of habeas corpus for which he has neither submitted the
filing fee nor an application for leave to proceed in forma pauperis. According to the
petition, Lamey was convicted by a jury of involuntary deviate sexual intercourse,
aggravated indecent assault and other related charges No. CP-14-CR-842-1994 in the
Court of Common Pleas of Centre County, Pennsylvania and sentenced to a 33 ½ to 67
year period of incarceration. This sentence was imposed on June 9, 1995.
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 Centre County, which is located in the Middle District of
Pennsylvania. It, therefore, would appear that the interests of justice would best be served by
transferring the petition to the United States District Court for the Middle District of
Pennsylvania.
An appropriate Order will be entered.
ORDER
AND NOW, this 15th day of April 2016, for the reasons set forth in the foregoing
Memorandum,
IT IS ORDERED that if he objects to the transfer, the petitioner do so on or
before April 29, 2016
IT IS FURTHER ORDERED that if no objections are filed the case will be
transferred after that date to the United States District Court for the Middle District of
Pennsylvania for further proceedings.
s/ Robert C. Mitchell
United States Magistrate Judge
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