Rodriguez v. Cate et al

Filing 8

ORDER SUBSTITUTING RESPONDENT. Signed by Judge Saundra Brown Armstrong on 4/18/2014. (ndr, COURT STAFF) (Filed on 4/21/2014)

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1 UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 OAKLAND DIVISION 4 5 EDGARDO RODRIGUEZ, Petitioner, 6 7 Case No: C 11-0935 SBA ORDER SUBSTITUTING RESPONDENT vs. 8 KIM HOLLAND, Warden, 9 Respondent. 10 11 Petitioner has notified the Court that he has been transferred to the California 12 Correctional Institution (“CCI”), and requests that the Court substitute Kim Holland, 13 warden of CCI, as the respondent, in place of R.T.C. Grounds. Dkt. 6. Petitioner also 14 requests that the Court include Jeffrey A. Beard, the current Secretary of the California 15 Department of Corrections and Rehabilitation, as a respondent. Id. 16 Rule 2 of the Rules Governing § 2254 Cases provides that the state officer having 17 custody of a habeas petitioner shall be named as the respondent. See Rule 2(a), 28 U.S.C. 18 foll. § 2254. The California penal system places prisoners in the custody of both the 19 Director of Corrections and the warden of the California prison where the petitioner is 20 incarcerated. See Ortiz-Sandoval v. Gomez, 81 F.3d 891, 895-96 (9th Cir. 1996) (the 21 warden of a California prison and the Director of Corrections for California have the power 22 to produce the prisoner”). Kim Holland is the warden at Petitioner’s current place of 23 incarceration and therefore will be substituted as the respondent in place of R.T.C. 24 Grounds. See Fed. R. Civ. P. 25(d). Since Ms. Holland satisfies the requirements of Rule 25 2(a), there is no need to also name Mr. Beard as a respondent. 26 27 28 IT IS SO ORDERED. 18 Dated: April __, 2014 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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