Belmont v. Hartley

Filing 14

ORDER Sua Sponte Substituting Respondent: the Court Orders the substitution of Matthew Cate, Secretary of the California Department of Corrections and Rehabilitation, as Respondent in place of James D. Hartley. The Clerk shall modify the docket to reflect Matthew Cate, Secretary as respondent in place of James D. Hartley. Signed by Magistrate Judge Cathy Ann Bencivengo on 12/10/10.(All non-registered users served via U.S. Mail Service)(lmt)

- CAB Belmont v. Hartley

Do c. 14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. JAMES D. HARTLEY, Warden, Respondent. A t the time of filing, Petitioner was apparently housed at Avenal State Prison and thus n a m e d James D. Hartley, Warden, as Respondent. Based on the notice of change of address P e titio n e r submitted to the Court on December 3, 2010 [return address on a letter dated D e c em b e r 2, 2010 from Petitioner to the Court], it appears Petitioner is no longer housed at A v e n a l State Prison; rather, it appears he is presently incarcerated at Richard J. Donovan C o rre c tio n a l Facility in San Diego, California. A writ of habeas corpus acts upon the custodian of the state prisoner. See 28 U.S.C. § 2242; Rule 2(a), 28 U.S.C. foll. § 2254. Because Petitioner's place of custody has changed, s o has his custodian. Accordingly, in order to conform with the requirements of Rule 2(a) of the R u les Governing § 2254 Cases and to avoid changing the Respondent again if Petitioner is tra n sf e rre d to another prison or paroled, the Court hereby sua sponte ORDERS the substitution o f Matthew Cate, Secretary of the California Department of Corrections and Rehabilitation, as R e sp o n d e n t in place of "James D. Hartley." See Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th SANTANA BELMONT, Petitioner, ORDER SUA SPONTE SUBSTITUTING RESPONDENT Civil No. 09-2700 JLS (CAB) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

K : \ C O M M O N \ C H M B _ B e n c i v e n g o \ C a s e s \ H a b e a s \ B e l m o n t - - 0 9 c v 2 7 0 0 \ 0 9 c v 2 7 0 0 s u b re s p . w p d , 1 2 1 0 1 0

-1-

09cv2700

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

C ir. 1996) (stating that the respondent in § 2254 proceedings may be the chief officer in charge o f state penal institutions). T h e Clerk of the Court shall modify the docket to reflect "Matthew Cate, Secretary" as re s p o n d e n t in place of "James D. Hartley." I T IS SO ORDERED.

D A T E D : December 10, 2010

C A T H Y ANN BENCIVENGO U n ite d States Magistrate Judge

K : \ C O M M O N \ C H M B _ B e n c i v e n g o \ C a s e s \ H a b e a s \ B e l m o n t - - 0 9 c v 2 7 0 0 \ 0 9 c v 2 7 0 0 s u b re s p . w p d , 1 2 1 0 1 0

-2-

09cv2700