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)

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