Contreras v. California Department of Corrections

Filing 8

ORDER DIRECTING Clerk of Court to Change Name of Respondent to F. B. Haws, Warden, signed by Magistrate Judge Dennis L. Beck on 8/19/2009. (Jessen, A)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 F.B. Haws, Warden 13 Respondent. 14 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. 17 When the petition was initially filed, Petitioner named the California Department of 18 Corrections as Respondent. A petitioner filing a petition for writ of habeas corpus must name the 19 state officer who has custody of the petitioner as the respondent. Rule 2 (a) of the Rules 20 Governing § 2254 cases; Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996). Normally, 21 the person having custody of an incarcerated petitioner is the warden of the prison in which the 22 petitioner is incarcerated because the warden has "day-to-day control over" the petitioner. 23 Brittingham v. United States, 982 F.2d 378, 379 (9th Cir. 1992); see also Stanley v. California 24 Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994). 25 On July 7, 2009, the Court issued an Order to show cause why the Petition should not be 26 dismissed for lack of jurisdiction. On August 10, 2009, Petitioner filed an amendment to the 27 petition naming Warden F. B. Haws as the Respondent. 28 1 / v. ANDRES CONTRERAS, Petitioner, ORDER DIRECTING CLERK OF COURT TO CHANGE NAME OF RESPONDENT [Doc. 7] 1:09-cv-00994-DLB (HC)

UNITED STATES DISTRICT COURT

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Accordingly, the Clerk of the Court is DIRECTED to substitute Warden Haws as the Respondent in this action.

IT IS SO ORDERED. Dated: 3b142a

August 19, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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