Johnson v. United States Parole Commission

Filing 7

ORDER TRANSFERRING CASE to the U.S. District Court for the District of Arizona signed by Magistrate Judge Sandra M. Snyder on 2/3/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL SCOTT JOHNSON,

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Case No. 1:14-cv-02092-SMS HC

Petitioner,
ORDER TRANSFERRING THIS CASE
TO THE U.S. DISTRICT COURT FOR
THE DISTRICT OF ARIZONA

v.
UNITED STATES PAROLE
COMMISSION,
Respondent.

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On December 31, 2014, Petitioner Michael Scott Johnson filed a pro se petition for writ of

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habeas corpus pursuant to 28 U.S.C. § 2241. Shortly thereafter, Petitioner was transferred to the

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Phoenix Federal Correction Institution, Phoenix, Arizona.

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A habeas action is subject to jurisdictional and statutory limitations. See Braden v. 30th
Judicial Circuit Court of Kentucky, 410 U.S. 484 (1973). The proper respondent in a habeas corpus
action is the warden of the institution in which the petitioner is confined. Rumsfield v. Padilla, 542

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U.S. 426, 434 (2004). Because the habeas petition must be reviewed by the district court in the
district where the petitioner is confined (United States v. Giddings, 740 F.2d 770, 772 (9th Cir.
1984)), this Court must transfer the petition to the District Court for District of Arizona.
Accordingly, the Court hereby ORDERS that this case be TRANSFERRED to the United
States District Court for the District of Arizona.

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IT IS SO ORDERED.
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Dated:

February 3, 2015

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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