Johnson v. Goetz
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
PHILIP N. JOHNSON,
Case No. 1:17-cv-01355-SKO HC
ORDER TRANSFERRING THIS CASE TO
THE U.S. DISTRICT COURT FOR THE
DISTRICT OF COLORADO
Petitioner, a federal prisoner detained at the Federal Correctional Institution (FCI), Florence,
proceeds with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner alleges
constitutional violations from a 2016 incident at FCI Mendota.
A habeas action is subject to jurisdictional and statutory limitations. See Braden v. 30th
Judicial Circuit Court of Kentucky, 410 U.S. 484 (1973). A state or federal prisoner seeking to
challenge his present physical custody within the United States must file the petition in the district of
confinement. Rumsfield v. Padilla, 542 U.S. 426, 443 (2004). FCI Florence is located within the
District of Colorado.
Accordingly, the Court hereby ORDERS that this case be TRANSFERRED to the United
States District Court for the District of Colorado.
IT IS SO ORDERED.
October 30, 2017
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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