Abpikar v. Federal Bureau of Prison, Taft CI et al

Filing 4

ORDER TRANSFERRING CASE to the Central District of California. Signed by Judge Ronald M. Whyte on 3/5/12. (jg, COURT STAFF) (Filed on 3/6/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 HASSAN ABPIKAR, 11 Petitioner, 12 vs. 13 14 WARDEN MICHAEL L. BENOV, 15 Respondent. ) ) ) ) ) ) ) ) ) ) ) No. C 11-5079 RMW (PR) ORDER OF TRANSFER 16 17 Petitioner, a federal prisoner proceeding pro se, filed a petition for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2241. Petitioner alleges that the Bureau of Prisons (“BOP”) is 19 refusing to credit him with presentence credits pursuant to 18 U.S.C. § 3585. Petitioner is 20 currently incarcerated at Taft Correctional Institution in Taft, California, which lies in the 21 Eastern District of California. 22 Venue for a habeas action is proper in either the district of confinement or the district of 23 conviction, 28 U.S.C. § 2241(d); however, if the petition is directed to the manner in which a 24 sentence is being executed, e.g., if it involves parole or time credits claims, the district of 25 confinement is the preferable forum. See Habeas L.R. 2254-3(b)(2); Dunne v. Henman, 875 26 F.2d 244, 249 (9th Cir. 1989). Here, the Eastern District of California is the district of 27 confinement. 28 Accordingly, this case is TRANSFERRED to the United States District Court for the Order of Transfer P:\pro-se\sj.rmw\hc.11\Abpikar079trans 1 Eastern District of California, the district of petitioner’s confinement. See 28 U.S.C. § 1404(a); 2 Habeas L.R. 2254-3(b)(2). The clerk shall terminate any pending motions and transfer the entire 3 file to the Central District of California. 4 5 IT IS SO ORDERED. DATED: _______________ RONALD M. WHYTE United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order of Transfer P:\pro-se\sj.rmw\hc.11\Abpikar079trans 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA HASSAN ABPIKAR, Case Number: CV11-05079 RMW Plaintiff, CERTIFICATE OF SERVICE v. FEDERAL BUREAU OF PRISON, ET AL. et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on March 6, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Hassan Abpikar 08054285 Taft Correctional Institution Reg: # 10969-111 PO Box 7001 Taft, CA 93268 Dated: March 6, 2012 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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