Opinion
1:23-cv-2898 (NLH)
06-02-2023
NICHOLAS KYLE MARTINO, Petitioner, v. WARDEN, FDC PHILADELPHIA, Respondent.
Nicholas Kyle Martino Philadelphia Federal Detention Center Petitioner pro se
Nicholas Kyle Martino Philadelphia Federal Detention Center Petitioner pro se
MEMORANDUM OPINION & ORDER
NOEL L. HILLMAN, U.S.D.J.
WHEREAS, Petitioner Nicholas Kyle Martino is a federal prisoner currently confined in Philadelphia Federal Detention Center, Philadelphia, Pennsylvania, see ECF No. 1; and
WHEREAS, Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 alleging the Bureau of Prisons miscalculated his federal sentence, id.; and
WHEREAS, petitions under § 2241 need to be filed in the district of confinement naming the inmate's immediate custodian as respondent, Rumsfeld v. Padilla, 542 U.S. 426, 434-35 (2004; and
WHEREAS, Petitioner is currently confined within the Eastern District of Pennsylvania. The Court concludes the interests of justice would be better served by transferring this action to that court for consideration. See 28 U.S.C. § 1404(a) (“For 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 ....”), THEREFORE, IT IS on this 2nd day of June, 2023
ORDERED that the Clerk shall transfer this matter to the United States District Court for the Eastern District of Pennsylvania, 28 U.S.C. §§ 1404(a), 2241; and it is finally
ORDERED that the Clerk shall serve a copy of this Order upon Petitioner by regular mail and CLOSE this matter.