Lerman v. Unknown

Filing 17

ORDER Sua Sponte Substituting Respondent. The Court orders the substitution of "Ralph Diaz, Secretary," as Respondent in place of "Raymond Madden." The Clerk of Court will modify the docket to reflect "Ralph Diaz, Secretary" in place of the former respondent. Signed by Magistrate Judge Ruben B. Brooks on 2/19/2019. (Raymond Madden (Warden) terminated. Docket modified.) (All non-registered users served via U.S. Mail Service) (jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 17cv1925-LAB (RBB)

DAVID LERMA,
Petitioner,

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v.

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ORDER SUA SPONTE
SUBSTITUTING RESPONDENT

RALPH DIAZ, Secretary,

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Respondent.

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On December 8, 2017, Petitioner, a state prisoner proceeding pro se, filed a First

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Amended Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, naming

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Raymond Madden, the Warden of Centinela State Prison where Petitioner was confined at

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the time, as Respondent. (ECF No. 3.) On February 11, 2019, Petitioner notified the Court

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he had been transferred to Avenal State Prison. (ECF No. 16.)

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

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changed, so has the Respondent to this action. In order to conform with the requirements

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

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if Petitioner is transferred again, the Court hereby sua sponte orders the substitution of

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Ralph Diaz, Secretary of the California Department of Corrections and Rehabilitation, as

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Respondent in place of “Raymond Madden.” See Ortiz-Sandoval v. Gomez, 81 F.3d 891,
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17cv1925-LAB (RBB)

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894 (9th Cir. 1996) (stating that the respondent in § 2254 proceedings may be the chief

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officer in charge of state penal institutions).

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The Court HEREBY ORDERS the substitution of “Ralph Diaz, Secretary,” as

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Respondent in place of “Raymond Madden.” The Clerk of Court will modify the docket

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to reflect “Ralph Diaz, Secretary” in place of the former respondent.

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IT IS SO ORDERED.
Dated: February 19, 2019

_________________________________________
Ruben B. Brooks
United States Magistrate Judge

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17cv1925-LAB (RBB)