Gadson v. Rhodes

Opinion

WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 || Jermaine L. Gadson, No. CV-18-0197-TUC-JGZ (BGM) 10 Petitioner, ORDER 11]| v. R. L. Rhodes, 13 Respondent. 14 Currently pending before the Court is Petitioner Jermaine L. Gadson’s Request for || Transfer (Doc. 20). At the time Petitioner filed his Petition (Doc. 1), Petitioner was an || inmate incarcerated at the Federal Correctional Institution in Tucson, Arizona (“FCI- 17|| Tucson”). See Petition (Doc. 1). In light of Petitioner’s incarceration at FCI—Tucson at the time of the Petition’s filing, this Court retains jurisdiction to consider the Petition. See Francis v. Rison, 894 F.2d 353 (9 Cir. 1990) (“jurisdiction attaches on the initial 20 || filing for habeas corpus relief, and it is not destroyed by a transfer of the petitioner and the accompanying custodial change.”) (citation omitted). Accordingly, IT IS HEREBY 22 || ORDERED that Petitioner’s Request for Transfer (Doc. 20) is DENIED. IT IS 23 || FURTHER ORDERED that the Clerk of the Court shall send Petitioner a copy of the 24 || docket sheet in this matter. 25 Dated this 2nd day of November, 2020. 26 27 Honorable Bruce G. Macdonald 28 United States Magistrate Judge