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United States v. Gordon

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 10, 2009

UNITED STATES OF AMERICA, PLAINTIFF/RESPONDENT,
v.
ALPHEOUS GORDON, DEFENDANT/PETITIONER.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

MEMORANDUM DECISION AND ORDER DENYING PETITIONER'S "MOTION TO REMOVE" (Doc. 19)

Petitioner, a federal prisoner incarcerated at Florence ADMAX United States Prison in Florence, Colorado, has filed a "motion to remove." By this motion, Petitioner seeks an Order from this Court "to order, this prison to Remove, me to a State Sup'er Max Prison, as Administrative Detention Prison."

Petitioner's motion is DENIED. Petitioner's motion challenges the conditions and location of his confinement. In order to do so, Petitioner must bring a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the district court for the district in which Petitioner is confined. Capaldi v. , 135 F.3d 1122, 1123 (9th Cir.1998); United States v. Giddings, 740 F.2d 770, 771-772 (9th Cir.1984); Brown v. United States, 610 F.2d 672, 677 (9th Cir.1980).

IT IS SO ORDERED.

20090210

© 1992-2009 VersusLaw Inc.



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