MUHAMMAD v. FERGUSON

Filing 11

MEMORANDUM OPINION & ORDER re 1 Remark, 9 Petition for Writ of Habeas Corpus filed by MU'MIT MUHAMMAD, 10 MOTION for Writ of Habeas Corpus filed by MU'MIT MUHAMMAD to show cause why case should not be transferred to the Middle District of Pennsylvania. Signed by Magistrate Judge Robert C. Mitchell on 03/07/2017. (Mitchell, Robert)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MU'MIT MUHAMMAD, DX-3717,
Petitioner,

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v.
TOMMY FERGUSON,
Respondent.

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MEMORANDUM
Mu'mit Muhammad, an inmate at the State Correctional Institution- Benner has
presented a petition for a writ of habeas corpus which he has been granted leave to
prosecute in forma pauperis. A "motion" for a writ of habeas corpus was originally
submitted on June 28, 2016, and at petitioner's request for extensions of time, he did not
file a formal petition for a writ of habeas corpus (ECF No.9) and "Motion for writ of
habeas corpus" (ECF No. 10) until February 14, 2017. From the petition and "motion" it
appears that Muhammad is presently serving a 25 to 50 year sentence imposed following
his conviction by a jury of aggravated assault and simple assault at CP-14-CR-987-2005
in the Court of Common Pleas of Centre County, Pennsylvania. This sentence was
imposed on Decembe5 15, 2008.1
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.
The petitioner is in custody in Centre County located in the Middle District of
Pennsylvania and the trial court which sentenced him is also located in Centre County. It
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See Petition at ¶¶ 1-6.

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.

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ORDER
AND NOW, this 7th day of March, 2017, 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 March 27, 2017
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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