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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JAMES E. BUCKINGHAM, )

Petitioner, )

) C.A. No. 06-124 Erie

vs. ) District Judge McLaughlin 

) Magistrate Judge Baxter 

MARILYN BROOKS, et al., )

Respondents. )

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 Albion in the Western

District of Pennsylvania.

In his petition, Petitioner James E. Buckingham claims that he was convicted of ISDI,

aggravated indecent assault, and endangering the welfare of a child, and indecent assault in

Montgomery County, Pennsylvania, on or about May 30, 2003. He is currently serving a

sentence of 81⁄2 to 17 years’ imprisonment. As grounds for habeas relief, Petitioner challenges

the legality of his conviction, claiming that his privilege against self-incrimination was violated,

and that his trial and appellate counsel were ineffective for failing to challenge the violation. 

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,

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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

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 of the challenged offenses in

Montgomery 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. Montgomery 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 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 Eastern 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. 

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

S/Susan Paradise Baxter 

SUSAN PARADISE BAXTER

Chief U.S. Magistrate Judge

Dated: May 26, 2006

cc: The Honorable Sean J. McLaughlin

United States District Judge

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