Harris v. Curry et al

Filing 13

ORDER Sua Sponte Substituting Respondents: Court hereby sua sponte Orders the substitution of Matthew Cate, Secretary of the California Department of Corrections and Rehabilitation, as Respondent in place of Bobby Phillips and Edmund G. Brown. The C lerk of the Court shall modify the docket to reflect Matthew Cate, Secretary as Respondent in place of Bobby Phillips, Edmund G. Brown and Ben Curry. Signed by Magistrate Judge Ruben B. Brooks on 10/7/10.(All non-registered users served via U.S. Mail Service; docket modified)(lmt)

-RBB Harris v. Curry et al

Doc. 13

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 vs. MATTHEW CATE, Secretary of the California Department of Corrections and Rehabilitation, Respondent. ARTHUR LEE HARRIS, Petitioner, ORDER SUA SPONTE SUBSTITUTING RESPONDENTS Civil No. 10cv0966-JLS (RBB) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

On July 1, 2010, Petitioner, a state prisoner proceeding pro se, filed a First Amended Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, naming Bobby Phillips, the Warden of the institution where he was confined, and Edmund G. Brown, the California Attorney General, as Respondents. (Doc. No. 1.) Petitioner has since filed a Notice of Change of address indicating that he has been transferred to another institution. (Doc. No. 12.) 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 confinement has changed, the Warden of the previous institution in no longer a proper Respondent. In addition, the California Attorney General is not a proper Respondent to this action. See Rule 2 (b), 28 U.S.C. foll. § 2254. In order to conform with the requirements of Rules 2(a) and 2(b) of the Rules Governing § 2254 Cases and to avoid changing the Respondent again if Petitioner is
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Dockets.Justia.com

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transferred to another prison or paroled, the Court hereby sua sponte ORDERS the substitution of Matthew Cate, Secretary of the California Department of Corrections and Rehabilitation, as Respondent in place of "Bobby Phillips" and "Edmund G. Brown." See Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996) (stating that the respondent in § 2254 proceedings may be the chief officer in charge of state penal institutions). The Clerk of the Court shall modify the docket to reflect "Matthew Cate, Secretary" as Respondent in place of "Bobby Phillips," "Edmund G. Brown" and "Ben Curry."1 IT IS SO ORDERED.

DATED: October 7, 2010

_______________________________ Ruben B. Brooks United States Magistrate Judge

CC:

ALL PARTIES

In his original Petition, Petitioner named "Ben Curry" as Respondent. (Doc. No. 1.) In its June 1, 2010 Order dismissing the Petition, the Court instructed Petitioner that "Ben Curry" was not a proper Respondent to this action. (Doc. No. 4.) Petitioner did not name "Ben Curry" as a Respondent in the First Amended Petition, the operative pleading in this action. The Clerk shall therefore remove "Ben Curry" as a listed Respondent on the docket.
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