Opinion
Civil Action 03-CV-6402.
December 23, 2004
ORDER — MEMORANDUM
AND NOW, this 23rd day of December, 2004, upon careful and independent consideration of the Petition for Writ of Habeas Corpus, the Report and Recommendation of United States Magistrate Judge Arnold C. Rapoport, Petitioner's letter dated December 18, 2004 expressing his objection to the Magistrate Judge's Report and Recommendation, and the Record before the Court, IT IS HEREBY ORDERED that Petitioner's Objections to the Report and Recommendation are SUSTAINED and this matter is RECOMMITTED to Magistrate Judge Rapoport for further proceedings not inconsistent with this Order.
Petitioner filed the instant Petition for Writ of Habeas Corpus seeking review of the Pennsylvania Board of Probation and Parole's denial of his application for parole and challenging the calculation of his sentence. At the time the Petition was filed, Petitioner was incarcerated in the Pennsylvania State Correctional Institution at Bellefonte, Pennsylvania, located in the Middle District of Pennsylvania. The Magistrate Judge recommended that this Court transfer the instant Petition to the United States District Court for the Middle District of Pennsylvania pursuant to 28 U.S.C. § 1404(a) because it would be more convenient for the Petitioner to have this action proceed in that court. Since that time, Petitioner has been transferred to a halfway house in Philadelphia, Pennsylvania, which is located in the Eastern District of Pennsylvania, and Petitioner has objected to the transfer of this action on that basis. Since it would no longer be more convenient to Petitioner to have this action proceed in the Middle District of Pennsylvania, Petitioner's objection is sustained. This matter is, therefore, recommitted to Magistrate Judge Rapoport for further consideration of Petitioner's Petition for Writ of Habeas Corpus.