Khalimov v. Lowe

District Court, M.D. Pennsylvania

Khalimov v. Lowe

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

ALISHER KHALIMOV, Civil No. 3:23-cv-1183 Petitioner a (Judge Mariani) . — FILED V. _ SCRANTON WARDEN CRAIG LOWE, AUG 11 2023 Respondent 2 □□□ esponden DERUTY CLE ty ORDER □□

AND NOW, this day of August, 2023, upon consideration of Petitioner’s motion (Doc. 7) to transfer this action to the United States District Court for the Western District of Pennsylvania, based on his transfer from the Pike County Correctional Facility to the Moshannon Valley Processing Center, and it being well-established that jurisdiction attaches on the initial filing for habeas corpus relief and is not destroyed by a transfer of the petitioner and the accompanying custodial change, see Rumsfeld v. Padilla,

542 U.S. 426, 441

(2004), and that since this Court had jurisdiction over the habeas petition at the time the petition was filed, jurisdiction was not defeated by Petitioner's subsequent transfer, IT IS HEREBY ORDERED THAT the motion (Doc. 7) is DENIED.

Fe, LA \ ULbMAUA Robert D. Mariani~ □ United States District Judge

Reference

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