IN THE UNITED STATES DISTRICT COURT

FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

NATHANIEL ROBERT RANDOLPH, :

:

Petitioner :

:

v. : CIVIL NO. 4:CV-15-2041

:

BRENDA L. TRITT, : (Judge Brann)

:

Respondent :

MEMORANDUM

October 27, 2015

Background

Nathaniel Robert Randolph, an inmate presently confined at the State

Correctional Institution, Frackville, Pennsylvania (SCI-Frackville), filed this pro

se habeas corpus petition pursuant to 28 U.S.C. § 2254. Named as Respondent is

SCI-Frackville Superintendent Brenda L. Tritt. Accompanying the Petition is an

in forma pauperis application which will be granted for the sole purpose of the

filing of this action with this Court. Service of the Petition has not yet been

ordered.

According to an exhibit attached to the Petition, Randolph is presently

serving a criminal sentence which was imposed by the Court of Common Pleas of

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Philadelphia County, Pennsylvania on August 15, 2012 . See Doc. 1, p. 16. 

Petitioner’s pending action generally maintains that he is “being illegally detained

based solely on a void judgement which has absolutely no force or effect where a

court lacked subject matter jurisdiction.” Id. p. 9, ¶ 23. 

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. Fletcher v. Rozum,

2008 WL 2609826 * 2 (E.D. Pa. 2008). 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 his detention resulting from a sentence

which was imposed by the Court of Common Pleas of Philadelphia County, which

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

District of Pennsylvania. See 28 U.S.C. § 118. 

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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). 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.

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

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

Pennsylvania. As such, it would be prudent to transfer this action to the Eastern

District of Pennsylvania. An appropriate Order will enter.

BY THE COURT:

 s/ Matthew W. Brann 

Matthew W. Brann

United States District Judge

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