Dupont v. Singh

Filing 3

ORDER OF TRANSFER to the United States District Court for the Eastern District of California. The clerk shall transfer this matter forthwith.(Illston, Susan) (Filed on 3/28/2013) Modified on 3/28/2013 (ysS, COURT STAFF).[Transferred from cand on 3/29/2013.]

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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DANIEL DUPONT,
Petitioner,

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United States District Court
For the Northern District of California

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No. C 13-1281 (pr)
ORDER OF TRANSFER

v.
V. SINGH, warden,
Respondent.

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Petitioner, who was convicted in San Francisco County Superior Court and now is
incarcerated at the California Medical Facility in Vacaville, has filed a petition for writ of habeas
corpus in which he challenge the Board of Parole Hearings' decision finding him unsuitable for
parole. The petition challenges the execution of his sentence. The prison at which petitioner
is incarcerated is in Solano County, within the venue of the Eastern District of California.
Venue is proper in a habeas action in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d); however, the district of confinement is the preferable forum to review
the execution of a sentence. See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249
(9th Cir. 1989). Because petitioner is now confined in the Eastern District of California and
challenging the execution of his sentence, pursuant to 28 U.S.C. § 1404(a) and Habeas L.R.
2254-3(b), and in the interests of justice, this action is TRANSFERRED to the United States
District Court for the Eastern District of California. The clerk shall transfer this matter
forthwith.
IT IS SO ORDERED.
DATED: March 28, 2013
SUSAN ILLSTON
United States District Judge