Lao v. People of California et al

Filing 37

ORDER AMENDING CAPTION signed by Magistrate Judge Timothy J. Bommer on 10/24/2011 ADDING Tim Virga; TERMINATING Edmund G. Brown, Jr. and People of California. This matter shall hereinafter be captioned: Houa Lao, Petitioner v. Tim Virga, Respondent. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HOUA LAO,

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Petitioner,

2: 08 - cv - 3171 - MCE TJB

vs.
FRANCISCO JACQUES, Warden
Respondent.

ORDER AMENDING CAPTION

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Petitioner, Houa Lao, a state prisoner, is proceeding pro se with a petition for writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. A petition for habeas corpus relief must name as

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respondent the state officer having custody of petitioner, typically the warden of the prison in

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which the petitioner is incarcerated. Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th

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Cir. 1994) (citing Rule 2(a), Rules Governing Proceedings under 28 U.S.C. § 2254 (“[i]f the

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petitioner is currently in custody under a state-court judgment, the petition must name as

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respondent the state officer who has custody”)). At the time Petitioner filed his amended federal

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habeas petition, he was incarcerated at the Pelican Bay State Prison and named Francisco

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Jacques, who was then Warden of Pelican Bay State Prison, as the Respondent. However,

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Petitioner filed a notice of change of address on March 30, 2010 which stated that he is now

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incarcerated at the California State Prison, Sacramento. Because Tim Virga is the individual
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who currently has custody of Petitioner, the caption of this case will be hereby changed to reflect

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the proper party Respondent. See Rule 2, Rules Governing Proceedings under 28 U.S.C. § 2254;

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see also, Rumsfeld v. Padilla, 542 U.S. 426, 441 (2004) (“[W]hen the Government moves a

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habeas petitioner after she properly files a petitioner naming her immediate custodian, the

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District Court retains jurisdiction and may direct the writ to any respondent within its jurisdiction

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who has legal authority to effectuate the prisoner’s release.”).

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Accordingly, IT IS ORDERED that this matter shall hereinafter be captioned: HOUA

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LAO, Petitioner v. TIM VIRGA, Respondent.

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DATED: October 24, 2011

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TIMOTHY J BOMMER
UNITED STATES MAGISTRATE JUDGE

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