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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1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 6 PHILIP N. JOHNSON, Petitioner, 7 8 9 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. 10 (Doc. 1) 11 Petitioner, a federal prisoner detained at the Federal Correctional Institution (FCI), Florence, 12 13 proceeds with a petition for writ of habeas corpus pursuant to 28 U.S.C. ยง 2241. Petitioner alleges 14 constitutional violations from a 2016 incident at FCI Mendota. 15 A habeas action is subject to jurisdictional and statutory limitations. See Braden v. 30th 16 Judicial Circuit Court of Kentucky, 410 U.S. 484 (1973). A state or federal prisoner seeking to 17 18 challenge his present physical custody within the United States must file the petition in the district of 19 confinement. Rumsfield v. Padilla, 542 U.S. 426, 443 (2004). FCI Florence is located within the 20 District of Colorado. 21 22 Accordingly, the Court hereby ORDERS that this case be TRANSFERRED to the United States District Court for the District of Colorado. 23 24 25 26 27 28 IT IS SO ORDERED. Dated: October 30, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 1 .

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