JEFFERSON v. TRATE

W.D. Pennsylvania

JEFFERSON v. TRATE

DecidedApril 20, 2023

Docket1:21-cv-00302

StatusUnknown

This text of JEFFERSON v. TRATE (JEFFERSON v. TRATE) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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JEFFERSON v. TRATE, (W.D. Pa. 2023).

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA KENNETH DAVID JEFFERSON, ) Petitioner, ) C.A. No. 21-302 Erie Vv. District Judge Susan Paradise Baxter ) Magistrate Judge Richard A. Lanzillo BRADLEY TRATE, ) Respondent. )

MEMORANDUM ORDER Petitioner Kenneth David Jefferson was sentenced by the United States District Court of the Northern District of Iowa to a term of 188 months of incarceration and a five-year term of supervised release after pleading guilty on March 23, 2015, to knowingly possessing a firearm as a felon, in violation of 18 U.S.C. §§ 922(g) and 924(a)(2). Petitioner is currently serving his sentence of incarceration at the Federal Correctional Institution at McKean in Bradford, Pennsylvania. On November 1, 2021, Petitioner filed this action for habeas corpus relief asking this Court to review the validity of his sentence pursuant to the “savings clause” of 28 U.S.C. § 2255, based on the Eighth Circuit Court’s decision in United States v. Oliver, 987 F.3d 794 □□□ Cir. 2020). The petition was referred to United States Magistrate Judge Richard A. Lanzillo, for report and recommendation in accordance with the Magistrate Judges Act, 28 U.S.C. §636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges. On March 28, 2023, Judge Lanzillo issued a Report and Recommendation (“R&R”) recommending that this case be transferred to the United States District Court for the Northern District of lowa, pursuant to 28 U.S.C. § 1631. [ECF No. 13]. In particular, Judge Lanzillo determined that, while this Court lacks jurisdiction to consider Petitioner’s claims under In re

Dorsainvil, 119 F.3d 245, 251 (3d Cir. 1997), Petitioner may have a remedy available in the Eighth Circuit that is not available to him here. Thus, a transfer to the Northern District of lowa is recommended in the interests of justice. No timely objections to the R&R have been filed by either party. Thus, after de novo review of the petition and documents in the case, together with the report and recommendation, the following order is entered: AND NOW, this 20th day of April, 2023, IT IS HEREBY ORDERED that this habeas action be transferred to the United States District Court for the Northern District of Iowa, pursuant to 28 U.S.C. §1631. The report and recommendation of Magistrate Judge Lanzillo, issued on March 29, 2023 [ECF No. 13], is adopted as the opinion of this Court. Upon transfer of this action, the Clerk is directed to mark this case “CLOSED.”

~ SsoAn Kus bores SUSAN PARADISE BAXTER United States District Judge

ce: The Honorable Richard A. Lanzillo United States Magistrate Judge All parties of record

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA KENNETH DAVID JEFFERSON, ) Petitioner, ) C.A. No. 21-302 Erie Vv. District Judge Susan Paradise Baxter ) Magistrate Judge Richard A. Lanzillo BRADLEY TRATE, ) Respondent. )

MEMORANDUM ORDER Petitioner Kenneth David Jefferson was sentenced by the United States District Court of the Northern District of Iowa to a term of 188 months of incarceration and a five-year term of supervised release after pleading guilty on March 23, 2015, to knowingly possessing a firearm as a felon, in violation of 18 U.S.C. §§ 922(g) and 924(a)(2). Petitioner is currently serving his sentence of incarceration at the Federal Correctional Institution at McKean in Bradford, Pennsylvania. On November 1, 2021, Petitioner filed this action for habeas corpus relief asking this Court to review the validity of his sentence pursuant to the “savings clause” of 28 U.S.C. § 2255, based on the Eighth Circuit Court’s decision in United States v. Oliver, 987 F.3d 794 □□□ Cir. 2020). The petition was referred to United States Magistrate Judge Richard A. Lanzillo, for report and recommendation in accordance with the Magistrate Judges Act, 28 U.S.C. §636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges. On March 28, 2023, Judge Lanzillo issued a Report and Recommendation (“R&R”) recommending that this case be transferred to the United States District Court for the Northern District of lowa, pursuant to 28 U.S.C. § 1631. [ECF No. 13]. In particular, Judge Lanzillo determined that, while this Court lacks jurisdiction to consider Petitioner’s claims under In re

Dorsainvil, 119 F.3d 245, 251 (3d Cir. 1997), Petitioner may have a remedy available in the Eighth Circuit that is not available to him here. Thus, a transfer to the Northern District of lowa is recommended in the interests of justice. No timely objections to the R&R have been filed by either party. Thus, after de novo review of the petition and documents in the case, together with the report and recommendation, the following order is entered: AND NOW, this 20th day of April, 2023, IT IS HEREBY ORDERED that this habeas action be transferred to the United States District Court for the Northern District of Iowa, pursuant to 28 U.S.C. §1631. The report and recommendation of Magistrate Judge Lanzillo, issued on March 29, 2023 [ECF No. 13], is adopted as the opinion of this Court. Upon transfer of this action, the Clerk is directed to mark this case “CLOSED.”

~ SsoAn Kus bores SUSAN PARADISE BAXTER United States District Judge

ce: The Honorable Richard A. Lanzillo United States Magistrate Judge All parties of record

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