Robert Tibbitts v. Glen Armstrong
| ROBERT TIBBITTS |
| GLEN ARMSTRONG |
| 19-73230 |
| December 18, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
This docket was last retrieved on December 20, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 2
Order filed (Appellate Commissioner) Robert Tibbitts has filed a Permission to Appeal the dismissal of a state habeas action and supporting affidavit, which are treated as a 28 U.S.C. 2254 habeas petition. An application for a writ of habeas corpus must be made to the district court. See 28 U.S.C. 2241(d). If a section 2254 petition is filed in the court of appeals, the application must be transferred to the appropriate district court. Fed. R. App. P. 22(a) see also 28 U.S.C. 1631, 2241(b). Accordingly, the Clerk shall transfer the petition filed at Docket Entry No. [ # 1 ] to the United States District Court for the District of Idaho for processing as a motion to amend Tibbittss pending section 2254 petition. See Woods v. Carey, 525 F.3d 886, 888-90 (9th Cir. 2008). The petition is deemed filed on December 7, 2019, the date on which it was delivered to prison authorities for forwarding to this court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270 (1988). The Clerk shall also serve this order on the district court. To the extent that Tibbitts seeks to appeal the dismissal of his state habeas action, that appeal should be filed with the appropriate Idaho appellate court. Upon transfer of the petition, the Clerk shall close this original action. PETITION TRANSFERRED to the district court. [11540266] (JBS) [Entered: 12/20/2019 02:16 PM]
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| Filing 1 FILED PROSE PETITION FOR WRIT OF HABEAS CORPUS. [11537382] --[COURT UPDATE: To attach document; resent NDA (Original to SMS) - 12/19/2019 by HH] (BY) [Entered: 12/18/2019 02:21 PM] |
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| Petitioner: ROBERT TIBBITTS | |
| Represented By: | Robert Tibbitts |
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| Respondent: GLEN ARMSTRONG | |
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