MABLE v. GILMORE
Filing
4
MEMORANDUM OPINION & ORDER to show cause why action should not be transferred to the M.D.PA. Signed by Magistrate Judge Robert C. Mitchell on 12/14/2017. (Mitchell, Robert)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
STEVEN JUNIOR MABLE, CW-1531,
Petitioner,
v.
ROBERT GILMORE,
Respondent.
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) 2:17-CV-1612
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MEMORANDUM and ORDER
Steven Junior Mable, an inmate at the State Correctional Institution – Green has
presented a petition pursuant to 28 U.S.C. § 2241 seeking to challenge his life sentence imposed
by the Court of Common Pleas of York County, Pennsylvania at CP-47-CR-4335-1994.1
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.
While the petitioner is in custody in the Western District of Pennsylvania, the trial court
which sentenced him is located in York 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.
1
The petition was originally filed in the United States District Court for the Southern District of New York and
transferred to this Court where petitioner’s custodian is located.
ORDER
AND NOW, this 14th day of December, 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 December 28, 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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