IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA 

THOMAS MCNALT, 

 Petitioner, 

 v. 

COMMONWEALTH OF, 

PENNSYLVANIA, et al, 

 Respondents. 

 No. 4:20-CV-01707 

 (Judge Brann) 

 

MEMORANDUM OPINION 

NOVEMBER 10, 2020 

I. PROCEDURAL BACKGROUND

On September 21, 2020, Petitioner, Thomas McNalt, an inmate presently 

confined at the State Correctional Institution, Chester, Pennsylvania, initiated the 

above captioned petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254.1

 

McNalt challenges his underlying conviction imposed by the Court of Common 

Pleas of Philadelphia County.2

 On October 29, 2020, Petitioner paid the required 

filing fee.3

 

According to the petition, McNalt pled guilty to one count of manufacture, 

delivery and possession with intent to manufacture or deliver and one count of 

 

1

 Doc. 1. 

2

 Id. 3

 Doc. 4. 

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conspiracy.4

 He raises the sole claim of “being convicted of conspiracy offense 

without a co-defendant, conspirators, no grand jury indictment process for the 

count of conspiracy offense.”5

 For relief, Petitioner seeks to be “re-sentenced” and 

a “new trial date”.6

 For the reasons that follow, the Court will transfer the above 

captioned action to the United States District Court for the District of 

Pennsylvania. 

II. DISCUSSION 

A § 2254 habeas corpus petition may be filed in the district where the 

applicant is confined or in the district where he was convicted.7

 28 U.S.C. § 

2241(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. 

Petitioner is attacking the legality of a guilty plea and sentence which were 

entered in the Court of Common Pleas of Philadelphia County, which is located 

 

4

 Doc. 1. 

5

 Id. 6

 Id. 7

 Fletcher v. Rozum, 2008 WL 2609826 * 2 (E.D. Pa. 2008). 

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within the jurisdiction of the United States District Court for the Eastern District of 

Pennsylvania.8

 

As noted above, under § 2241(d), the district court for the district in which a 

habeas petition is filed “in the exercise of its discretion and in furtherance of 

justice may transfer the application.” Moreover, 28 U.S.C. § 1404(a) states, “[f]or 

the convenience of parties and witnesses, in the interest of justice, a district court 

may transfer any civil action to any other district or division where it might have 

been brought.” A district court may transfer a habeas petition pursuant to § 

1404(a).9

 

The state trial court, as well as any records, counsel, and other witnesses, are 

located within the Eastern District of Pennsylvania. As such, it would be prudent to 

transfer this action to that court. 

An appropriate Order follows. 

BY THE COURT: 

s/ Matthew W. Brann 

Matthew W. Brann 

United States District Judge 

 

8

 See 28 U.S.C. § 118(a). 

9

 See In re Nwanze, 242 F.3d 521, 526, n. 2 (3d Cir. 2001)(§ 1404(a) applies to transfers of 

habeas corpus petitions); Fletcher, 2008 WL 2609826 at * 2. 

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