UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

:

JIBRIL L. IBRAHIM, :

:

Petitioner : No. 4:CV-05-0661

:

vs. : (Petition Filed 04/04/05

:

: (Judge Muir)

TROY WILLIAMSON, Warden, :

:

Respondent :

ORDER

May 20, 2005

Petitioner, Jibril L. Ibrahim, an inmate confined in

the Allenwood United States Penitentiary, White Deer,

Pennsylvania, filed the instant petition for writ of habeas

corpus pursuant to 28 U.S.C. § 2241, challenging his 1988

District of Columbia conviction. (Doc. No. 1). 

Although petitioner filed his petition pursuant to 28

U.S.C. § 2241, District of Columbia offenders are considered

state prisoners for purposes of the federal habeas corpus

statutes. See Madley vs. United States Parole Comm’n, 278 F.3d

1306, 1309 (D.C. Cir. 2002). As a state prisoner in custody

pursuant to the judgment of a state court, Ibrahim must rely

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on section 2254 to bring claims challenging the validity or the

execution of his sentence. See Coady vs. Vaughn, 251 F.3d 480,

486 (3d Cir. 2001). Thus, the petition will be considered a

petition brought pursuant to § 2254. Preliminary consideration

has been given to the petition and it is concluded that it is

appropriate to transfer the matter to the United States

District Court for the District of Columbia. See Rule 4, Rules

Governing Section 2254 Cases in the United States District

Courts.

“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 also § 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

vs. Padilla, 124 S.Ct. 2711, 2717-18 (2004)(emphasis in

original)(citations omitted). There is no question that this

Court has jurisdiction over Ibrahim's petition. However,

notwithstanding the issue of jurisdiction, a court may transfer

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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. § 1404(a); See

also, Braden vs. 30th Judicial Circuit of Kentucky, 410 U.S. 484

(1973). Because habeas proceedings are generally considered

civil in nature, see Hinton vs. Braunskill, 481 U.S. 770, 776

(1987), the term “civil action” includes habeas petitions.

Parrott vs. Government of Virgin Islands, 230 F.3d 615, 620 (3d

Cir. 2000). Title 28 U.S.C. § 1391(b)provides that:

A civil action wherein jurisdiction is not

founded solely on diversity of citizenship

may, except as otherwise provided by law, be

brought only in (1) a judicial district

where any defendant resides, if all

defendants reside in the same State, (2) a

judicial district in which a substantial

part of the events or omissions giving rise

to the claim occurred, or a substantial part

of property that is the subject of the

action is situated, or (3) a judicial

district in which any defendant may be

found, if there is no district in which the

action may otherwise be brought. 

Ibrahim is challenging a District of Columbia Superior

Court conviction, which is in the jurisdiction of the United

States District Court for the District of Columbia. All

records of conviction, transcripts of proceedings, witnesses,

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counsel, and conviction records are located within the District

of Columbia. Thus, for the convenience of the parties and in

the interest of justice, the action will be transferred to the

United States District Court for the District of Columbia. 

IT IS HEREBY ORDERED THAT:

1. Petitioner's motion to proceed in

forma pauperis (Doc. No. 4)is

GRANTED only for the purpose of

filing this petition.

2. The Clerk of Court is directed to

TRANSFER this case to the United

States District Court for the

District of Columbia. 

3. The Clerk of Court shall CLOSE

this case. 

 s/Malcolm Muir

 

MUIR

United States District Judge

MM:dlb

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