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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ERNEST FRANKLIN, )

Petitioner, )

) C.A. No. 07-23Erie

vs. ) District Judge McLaughlin 

) Magistrate Judge Baxter 

RAYMOND SOBINA, )

Respondent. )

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

I. RECOMMENDATION

It is respectfully recommended that the instant petition for writ of habeas corpus be

transferred to the Eastern District of Pennsylvania. 

II. REPORT

This is a petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254, filed by a state

prisoner presently incarcerated at the State Correctional Institution at Marienville, in the Western

District of Pennsylvania.

In his petition, Petitioner claims that he was convicted of Robbery, Criminal Conspriacy

and Possession of Instrument of a Crime in Philadelphia County, Pennsylvania. Petitioner

claims that a separate detainer has been lodged against him by the “City of Baltimore, Maryland”

thereby causing the Pennsylvania Board of Probation and Parole to deny parole.

Title 28 U.S.C. §2241(d) provides 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

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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). See also, Bell v. Watkins, 692 F.2d 999 (5th Cir. 1982) (the district court

transferred the action on the basis of the magistrate's recommendation which indicated that the

district where the defendant was convicted was the more convenient forum because of the

accessibility of evidence). 

In the case at bar, Petitioner was tried and convicted in Philadelphia County,

Pennsylvania, and at least part of his records are located there. He is presently incarcerated at the

State Correctional Institution at Marienville, within the Western District of Pennsylvania.

Philadelphia County is located in the Eastern District of Pennsylvania. This Court finds that the

interests of justice would be better served by transferring this petition to the Eastern District of

Pennsylvania wherein activity in this case occurred. 

III. CONCLUSION

It is respectfully recommended that the petition for writ of habeas corpus be transferred to

the United States District Court for the Eastern District of Pennsylvania pursuant to 28 U.S.C.

§2241(d).

In accordance with the Magistrate Judges Act, 28 U.S.C. § 636 (b)(1) (B) and (C), and

Rule 72.1.4(B) of the Local Rules for Magistrate Judges, the parties are allowed ten days from

the date of service to file written objections to this Report and Recommendation. Any party

opposing the objections shall have seven days from the date of service of objections to respond

thereto. Failure to file timely objections may constitute a waiver of any appellate rights.

S/ Susan Paradise Baxter 

SUSAN PARADISE BAXTER

CHIEF UNITED STATES MAGISTRATE JUDGE

Dated: March 5, 2007

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