3:13-cv-00044 | M.D. Penn. | Jan 8, 2013
UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
GILLETTE HAWKINS, : CIVIL ACTION NO. 3 :CV-l3-0044
Petitioner : (Judge Nealon)
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- SCP.=ANTON
SUPERINTENDENT OF :
SCI-HUN'ITNGDON, t JAN 0 8 20l3
Respondent Z§Z_U_ \/
PER DEP YCLERK
MEMORANDUM
Petitioner, Gillette Hawkins, an inmate confined in the State Correctional
Institution, Huntingdon, Pennsylvania, filed the instant petition for writ of habeas corpus pursuant
to 28 U.S.C. § 2254. He challenges a conviction imposed by the Allegheny County Court of
Common Pleas. (Doc. l). For the reasons outlined below, the petition will be transferred to the
United States District Court for the Western District of Pennsylvania.
Discussion
“The federal habeas corpus statute straightforwardly provides that the proper
respondent to a habeas petition is 'the person who has custody over [the petitioner]. 28 U.S.C. §
2242, see _al_sg § 2243. . . .' [T]hese provisions contemplate a proceeding against some person who
has the immediate custody of the party detained, with the power to produce the body of such party
before the court or judge, that he may be liberated if no sufficient reason is shown to the contrary.”
Rumsfeld v. Padilla, 542 U.S. 426" date_filed="2004-06-28" court="SCOTUS" case_name="Rumsfeld v. Padilla">542 U.S. 426, 433-36 (2004) (emphasis in original) (citations omitted).
There is no question that this Court has jurisdiction over Hawkins’ petition. However,
notwithstanding the issue of jurisdiction, a court may transfer any civil action for the convenience
of the parties or witnesses, or in the interest of justice, to any district where the action might have
been brought. 28 U.S.C. § l404(a); _S_ee _aLl_§Q, Braden v. 30th Judicial Circuit of Kentucg, 410 U.S.
484 (1973). Because habeas proceedings are generally considered civil in nature, _se_e Hinton v.
Braunskill, 481 U.S. 770" date_filed="1987-05-26" court="SCOTUS" case_name="Hilton v. Braunskill">481 U.S. 770, 776 (1987), the term “civil action” includes habeas petitions. Parrott v.
Government of Virgin Islands, 230 F.3d 615" date_filed="2000-10-13" court="3rd Cir." case_name="Roy Sylvester Parrott v. Government of the Virgin Islands">230 F.3d 615, 620 (3d Cir. 2000). Title 28 U.S.C. § 224l(d)
provides:
(d) 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
28 U.S.C. § 2241(d).
Petitioner is attacking a conviction imposed by the Court of Common Pleas for
Allegheny County, Pennsylvania. Since the trial court, as well as any records, witnesses and
counsel, are located within the United States District Court for the Western District of
Pennsylvania, it would be prudent to transfer this action to the Western District. A separate Order
will be issued.
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Dated: January 9, 2013 x v v
nited States District Judge