Green v. The State of California Board of Parole Hearings

Filing 17

ORDER sua sponte Substituting respondent. Matthew Cate added. L S McEwen terminated. Signed by Magistrate Judge Jan M. Adler on 7/26/2011.(All non-registered users served via U.S. Mail Service)(mtb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DONALD GREEN,

Civil No.

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10-2516 JLS (JMA)

Petitioner,

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ORDER SUA SPONTE SUBSTITUTING
RESPONDENT

v.
L.S. McEWEN, Warden,
Respondent.

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At the time of filing, Petitioner was apparently housed at Calipatria State Prison and thus

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named L. S. McEwen, Warden, as Respondent. Based on the notice of change of address

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Petitioner submitted to the Court on July 11, 2011 [return address on a letter dated July 7, 2011

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from Petitioner to the Court], it appears Petitioner is no longer housed at Calipatria State Prison;

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rather, it appears he is presently incarcerated at California State Prison- LAC in Lancaster,

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California.

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A writ of habeas corpus acts upon the custodian of the state prisoner. See 28 U.S.C.

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§ 2242; Rule 2(a), 28 U.S.C. foll. § 2254. Because Petitioner’s place of custody has changed,

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so has his custodian. Accordingly, in order to conform with the requirements of Rule 2(a) of the

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Rules Governing § 2254 Cases and to avoid changing the Respondent again if Petitioner is

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transferred to another prison or paroled, the Court hereby sua sponte ORDERS the substitution

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of Matthew Cate, Secretary of the California Department of Corrections and Rehabilitation, as

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Respondent in place of “L.S. McEwen.” See Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th

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Cir. 1996) (stating that the respondent in § 2254 proceedings may be the chief officer in charge

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of state penal institutions).

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The Clerk of the Court shall modify the docket to reflect “Matthew Cate, Secretary” as
respondent in place of “L. S. McEwen.”
IT IS SO ORDERED.
DATED: July 26, 2011

_________________________________________
Jan M. Adler
United States Magistrate Judge

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