Gadson v. Rhodes

Filing 22

ORDER Petitioner's Request for Transfer (Doc. 20 ) is DENIED. IT IS FURTHER ORDERED that the Clerk of the Court shall send Petitioner a copy of the docket sheet in this matter. Signed by Magistrate Judge Bruce G Macdonald on 11/2/2020. (DLC)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 No. CV-18-0197-TUC-JGZ (BGM) Jermaine L. Gadson, 10 Petitioner, 11 v. 12 ORDER R. L. Rhodes, 13 Respondent. 14 Currently pending before the Court is Petitioner Jermaine L. Gadson’s Request for 15 Transfer (Doc. 20). At the time Petitioner filed his Petition (Doc. 1), Petitioner was an 16 inmate incarcerated at the Federal Correctional Institution in Tucson, Arizona (“FCI– 17 Tucson”). See Petition (Doc. 1). In light of Petitioner’s incarceration at FCI–Tucson at 18 the time of the Petition’s filing, this Court retains jurisdiction to consider the Petition. 19 See Francis v. Rison, 894 F.2d 353 (9th Cir. 1990) (“jurisdiction attaches on the initial 20 filing for habeas corpus relief, and it is not destroyed by a transfer of the petitioner and 21 the accompanying custodial change.”) (citation omitted). Accordingly, IT IS HEREBY 22 ORDERED that Petitioner’s Request for Transfer (Doc. 20) is DENIED. 23 FURTHER ORDERED that the Clerk of the Court shall send Petitioner a copy of the 24 docket sheet in this matter. 25 26 27 28 Dated this 2nd day of November, 2020. IT IS

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