Haro

Del Raine v. Haro

Good Law
83 F. App'x 925
United States Court of Appeals for the Ninth CircuitDecember 15, 2003No. 02-17089; D.C. No. CV-02-05556-REC/DLBCalifornia297 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner Ronald Del Raine appeals pro se the district court’s order dismissing his motion for transfer pursuant to Federal Rule of Appellate Procedure 23(a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Del Raine contends that he was transferred to the Eastern District (“E.D.”) of California in violation of Fed. R.App. P. 23(a), because the Bureau of Prisons transferred him without seeking a court order from the Central District of California (“C.D.”), where his 28 U.S.C. § 2241 habe-as petition was filed.

To the extent Del Raine contends his transfer affected his habeas petition, a transfer back to the C.D. is not necessary. See Shabazz v. Carroll, 814 F.2d 1321, 1324 (9th Cir.1987) (declining to order transfer back, notwithstanding improper transfer, because review of habeas petition was not prejudiced), vacated in part on other grounds, 833 F.2d 149 (9th Cir.1987); see also Fed. R.App. P. 23(a).

To the extent Del Raine contends his prison transfer was a result of vindictive and retaliatory behavior by the government in response to his litigation against the government, we decline to address his claims because they are not…

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