REPORT AND RECOMMENDATION

PHILIP M. FRAZIER, Magistrate Judge.

Before the Court is petitioner John Rodney Veach's Section 2241 petition for a writ of habeas corpus (Doc. 1). Respondent Judge T R Sniezek has filed a motion to dismiss (Doc. 14) the writ, and the petitioner has filed a reply (Doc. 15) to that response.

The parties agree that venue is proper elsewhere. See Docs. 14 at 2 ¶ 4, 15 at 3. The undersigned agrees. See, e.g., Wyatt v. U.S., 574 F.3d 455, 460 (7th Cir. 2009) ("And under § 2241(a), no district within the Seventh Circuit may consider [the § 2241] petition because the proper venue for filing a § 2241 petition is the district in which the prisoner is confined.") (citations omitted). A habeas petition filed in the wrong place may be dismissed or transferred to the court in which it could have been brought at the time it was filed. See 28 U.S.C. § 1631. Veach is presently incarcerated at the Federal Correctional Institution — Schuylkill in Minersville, Pennsylvania ("FCI-Schuylkill"), which is located in Schuylkill County and the Middle District of Pennsylvania. That court has jurisdiction to evaluate the petition and to award habeas relief, if appropriate. The case has progressed beyond preliminary review, and most of the arguments raised have been briefed. Hence, the interests of justice warrant a transfer to the appropriate district.

Accordingly, it is recommended that this action be transferred pursuant to 28 U.S.C. § 1631 to the United States District Court for the Middle District of Pennsylvania for further proceedings.

SO RECOMMENDED.

NOTICE

PURSUANT to Title 28 U.S.C. §636(b) and Rule 73.1(b) of the Local Rules of Practice in the United States District Court for the Southern District of Illinois, any party may serve and file written OBJECTIONS to this Report and Recommendation/ Proposed Findings of Fact and Conclusions of Law within fourteen (14) days of service.

Please note: You are not to file an appeal as to the Report and Recommendation/Proposed Findings of Fact and Conclusions of Law. At this point, it is appropriate to file OBJECTIONS, if any, to the Report and Recommendation/ Proposed Findings of Fact and Conclusions of Law. An appeal is inappropriate until after the District Judge issues an Order either affirming or reversing the Report and Recommendation/ Proposed Findings of Fact and Conclusions of Law of the U.S. Magistrate Judge.

Failure to file such OBJECTIONS shall result in a waiver of the right to appeal all issues, both factual and legal, which are addressed in the Report and Recommendation/Proposed Findings of Fact and Conclusions of Law. Video Views, Inc. v Studio 21, Ltd. and Joseph Sclafani, 797 F.2d 538 (7th Cir. 1986).

You should e-file/mail your OBJECTIONS to the Clerk, U.S. District Court at the address indicated below: