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Dupont v. Singh

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Mar 28, 2013
No. C 13-1281 (pr) (N.D. Cal. Mar. 28, 2013)

Opinion

No. C 13-1281 (pr)

03-28-2013

DANIEL DUPONT, Petitioner, v. v. SINGH, warden, Respondent.


ORDER OF TRANSFER

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.

______________

SUSAN ILLSTON

United States District Judge


Summaries of

Dupont v. Singh

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Mar 28, 2013
No. C 13-1281 (pr) (N.D. Cal. Mar. 28, 2013)
Case details for

Dupont v. Singh

Case Details

Full title:DANIEL DUPONT, Petitioner, v. v. SINGH, warden, Respondent.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Mar 28, 2013

Citations

No. C 13-1281 (pr) (N.D. Cal. Mar. 28, 2013)