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Hendrix v. Tilton

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


November 30, 2006

JAMES WAYNE HENDRIX, PETITIONER,
v.
JAMES TILTON, ACTING SECRETARY, RESPONDENT.

The opinion of the court was delivered by: Hon. Nita L. Stormes U.S. Magistrate Judge

ORDER SUA SPONTE SUBSTITUTING RESPONDENT

On January 12, 2006, Petitioner, proceeding pro se, submitted a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. At the time of filing, Petitioner was apparently housed at Chuckawalla Valley State Prison and thus named J.F. Salazar, Warden, and R.Q. Hickman as Respondents. Based on the notice of change of address Petitioner submitted to the Court on November 22, 2006, it appears Petitioner is no longer housed at Chuckawalla Valley State Prison; rather, it appears he is presently incarcerated at Ironwood State Prison in Blythe, 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, so has his custodian. Accordingly, in order to conform with the requirements of Rule 2(a) of the Rules Governing § 2254 Cases and to avoid changing the Respondent again if Petitioner is transferred to another prison or paroled, the Court hereby sua sponte ORDERS the substitution of James Tilton, Acting Secretary of the California Department of Corrections and Rehabilitation, as Respondent in place of "J.F. Salazar" and "Ronald Hickman." See OrtizSandoval 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 "James Tilton, Acting Secretary " as respondent in place of "J.F. Salazar" and "R.Q. Hickman."

IT IS SO ORDERED.

20061130

© 1992-2006 VersusLaw Inc.



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