In Re Goff

Filing 3

ORDER DISMISSING CASE, Signed by Judge Dana L. Christensen on 7/13/2012. Mailed to Goff. (TAG, )

In re PRESTON EDWARD GOFF,
Petitioner.

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Cause No. CV 12-92-M-DLC
ORDER OF DISMISSAL

On June 4, 2012, Petitioner Preston Gofffiled an "Ex Parte Petition." Goffis
a state prisoner proceeding pro se.
Goff does not ask the Court to release him from confinement, as a habeas
petitioner ordinarily would. Instead, he asks Judge LeifB. Ericksonl to clarify the
sentence he imposed on Goffin state court on August 31, 1987. But no federal action
is available for the purpose of seeking clarification of a state court judgment. This
Court lacks jurisdiction to issue what would essentially be an advisory opinion.

The Honorable LeifB. Erickson served as a district judge in Montana's Eleventh Judicial
District Court. He sentenced Goff on August 31,1987. He was appointed to the federal bench as
a United States Magistrate Judge on January 16, 1992. But he retired from the federal bench in June
2006, so he is not available to consider Goff's petition.
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If Goff believes he is in custody in violation of federal law, he may initiate a
new action by filing a petition for writ of habeas corpus. Forms for doing so are
available both at the Prison and, on request, from the Clerk ofCourt. The petition at
hand is not a habeas petition and will not be construed or recharacterized as one.

Accordingly, IT IS HEREBY ORDERED that GofFs petition (doc. I) is
DISMISSED. No further submissions will be considered in this closed case.
DATED this

r3~day ofJuly, 2012.

Dana L. Christensen
United States District Judge

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