Johnson v. Goetz

Filing 4

ORDER Transferring this Case to the U.S. District Court for the District of Colorado signed by Magistrate Judge Sheila K. Oberto on 10/30/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PHILIP N. JOHNSON,
Petitioner,

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Case No. 1:17-cv-01355-SKO HC
ORDER TRANSFERRING THIS CASE TO
THE U.S. DISTRICT COURT FOR THE
DISTRICT OF COLORADO

v.
C.R. GOETZ,
Respondent.

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(Doc. 1)

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Petitioner, a federal prisoner detained at the Federal Correctional Institution (FCI), Florence,

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proceeds with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner alleges

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constitutional violations from a 2016 incident at FCI Mendota.

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A habeas action is subject to jurisdictional and statutory limitations. See Braden v. 30th

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Judicial Circuit Court of Kentucky, 410 U.S. 484 (1973). A state or federal prisoner seeking to
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challenge his present physical custody within the United States must file the petition in the district of

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confinement. Rumsfield v. Padilla, 542 U.S. 426, 443 (2004). FCI Florence is located within the

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District of Colorado.

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Accordingly, the Court hereby ORDERS that this case be TRANSFERRED to the United
States District Court for the District of Colorado.

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IT IS SO ORDERED.
Dated:

October 30, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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