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)

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