Gentle v. Foulk

Filing 1

USCA ORDER issued on 12/10/2013: Clerk is directed to transfer petitioner's original petition for a writ of habeas corpus to the Eastern District of California; upon transfer of the petition, the appellate case (13-73751) shall be closed.(Waggoner, D)

Case: 13-73751

12/10/2013

ID: 8895498

DktEntry: 3

Page: 1 of 1

FILED
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

ANTOINE MARQUISE GENTLE,

DEC 10 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

No. 13-73751

Petitioner,
v.

ORDER

F. FOULK,
Respondent.

Before: Peter L. Shaw, Appellate Commissioner.
The court is in receipt of petitioner’s original petition for a writ of habeas
corpus filed pursuant to 28 U.S.C. § 2254. An application for a writ of habeas
corpus must be made to the district court. See Fed. R. App. P. 22(a); see also 28
U.S.C. § 2241(b). If a petition for writ of habeas corpus is filed in the court of
appeals, “the application must be transferred to the appropriate district court.” Fed.
R. App. P. 22(a).
Accordingly, the Clerk shall transfer the petition to the United States District
Court for the Eastern District of California.
Upon transfer of the petition, the Clerk shall close this original action.

AS/MOATT