MARTINO v. WARDEN, FDC PHILADELPHIA ( 2023 )

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY NICHOLAS KYLE MARTINO, 1:23-cv-2898 (NLH) Petitioner, MEMORANDUM OPINION & ORDER v. WARDEN, FDC PHILADELPHIA, Respondent. APPEARANCES: Nicholas Kyle Martino 70570-050 Philadelphia Federal Detention Center P.O. Box 562 Philadelphia, PA 19106 Petitioner pro se HILLMAN, District Judge 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. s/ Noel L. Hillman At Camden, New Jersey NOEL L. HILLMAN, U.S.D.J.