Walker v. Arnold

Filing 37

ORDER Sua Sponte Substituting Respondent. In order to conform with the requirements of Rule 2(a) of the Rules Governing § 2254 Cases and to avoidchanging the Respondent again if Petitioner is transferred to another prison or paroled, the Court hereby sua sponte orders the substitution of Scott Kernan, Secretary of the California Department of Corrections and Rehabilitation, as Respondent in place of "Eric Arnold." Signed by Magistrate Judge Barbara Lynn Major on 11/6/2017. (Scott Kernan added as respondent. Eric Arnold (Warden) terminated)(All non-registered users served via U.S. Mail Service)(lrf)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11

Case No.: 16-2430 LAB (BLM)

CEDRIC E. WALKER,
Petitioner,

12
13

v.

14

ORDER SUA SPONTE
SUBSTITUTING RESPONDENT

SCOTT KERNAN, Secretary,

15

Respondent.

16
17

Petitioner, a state prisoner proceeding pro se, had filed a Petition for Writ of

18

Habeas Corpus pursuant to 28 U.S.C. § 2254. On October 17, 2016, Petitioner submitted

19

a document entitled “Notice to Court of Correct Address.” (ECF No. 8.) Petitioner

20

advises the Court is currently housed at California State Prison, Solano.

21

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

22

U.S.C. § 2242; Rule 2(a), 28 U.S.C. foll. § 2254. Accordingly, in order to conform with

23

the requirements of Rule 2(a) of the Rules Governing § 2254 Cases and to avoid

24

changing the Respondent again if Petitioner is transferred to another prison or paroled,

25

the Court hereby sua sponte ORDERS the substitution of Scott Kernan, Secretary of the

26

California Department of Corrections and Rehabilitation, as Respondent in place of “Eric

27

Arnold.” See Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996) (stating that the

28
1
16-2430 LAB (BLM)

1

respondent in § 2254 proceedings may be the chief officer in charge of state penal

2

institutions).

3
4
5
6

The Clerk of the Court will modify the docket to reflect “Scott Kernan, Secretary”
as respondent in place of “Eric Arnold.”
IT IS SO ORDERED.
Dated: 11/6/2017

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
16-2430 LAB (BLM)