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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

EDWARD J. NICHOLAS )

Petitioner, )

) C.A. No. 06-113 Erie

vs. ) District Judge McLaughlin 

) Magistrate Judge Baxter 

MARILYN BROOKS, )

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 Middle 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 in the Western District of Pennsylvania. In his petition for writ of

habeas corpus, Petitioner claims that he was convicted of various criminal offenses in Dauphin

County, Pennsylvania. 

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

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

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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 Dauphin County, Pennsylvania. 

Petitioner’s records are located there. He is presently incarcerated at the State Correctional

Institution at Albion within the Western District of Pennsylvania. Dauphin County, the county

of the conviction, is located in the Middle District of Pennsylvania. This Court finds that the

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

Pennsylvania wherein all 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 Middle District of Pennsylvania pursuant to 28 U.S.C.

§2241(d).

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

72.1.4(B) of the Local Rules for Magistrates, 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: May 19, 2006

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