Sackett v. McDermott

Filing 9

ORDER that Mr. Sackett's petition is TRANSFERRED to the Helena Division. Signed by Magistrate Judge Jeremiah C. Lynch on 1/3/2019. (ASG) Modified on 1/3/2019 to indicate a copy was mailed to Sackett. (ASG).

FILED
JAN D3 2019
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

Cieri< US D .
District Of ~tnct Court
ontana
.
MISSoula

Cause No. CV 18-197-M-DLC-JCL
CV 19-04-H-DLC-JTJ

JESSE LEE SACKETT,
Petitioner,

ORDER TRANSFERRING VENUE

vs.
T.J. MCDERMOTT,
Respondent.

On December 26, 2018, pursuant to this Court's Order, Mr. Sackett filed an
Amended Petition for Writ of Habeas Corpus, accompanied by a Motion to Change
Venue. (Docs. 6 & 7.)
Sackett's Motion to Change Venue is well taken. Although he is currently
in custody at the Missoula County Detention Facility, Sackett expressly states he is
not challenging his April 24, 1987 judgment, but rather the unlawful imprisonment
and illegal restraint that occurred when he was transferred across state lines at the
direction of the Montana Department of Corrections and/or Montana State Prison,
first to Texas and then back to Montana. See, (Doc. 6 at 3, Ir 15(A); 4, Ir 15(B)).
The appropriate venue for such a challenge is the Helena Division. D. Mont. L.R.
1.2(c)(4), 3.2(b)(2)(A).
Accordingly, IT IS HEREBY ORDERED that Mr. Sackett's petition is
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TRANSFERRED to the Helena Division. All parties shall refer only to Cause No.
CV 19-04-H-DLC-JTJ in connection with this action.
Mr. Sackett must immediately notify the Court of any change in his mailing
address by filing a "Notice of Change of Address" under the appropriate cause
number. Failure to do so may result in dismissal of his petition without notice to
him.
DATED this 3rd day of Janua

emiah C. Lynch
nited States Magistrate Judge

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