Johnson v. Goetz
Filing
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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. ยง 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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