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