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Dehaven v. Tilton

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 19, 2007

LEROY DEHAVEN, PETITIONER,
v.
JAMES TILTON, SECRETARY, RESPONDENT.

The opinion of the court was delivered by: Barbara L. Major United States Magistrate Judge

ORDER SUA SPONTE SUBSTITUTING RESPONDENT

On January 16, 2007, Petitioner submitted a change of address to this Court. 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, Secretary of the California Department of Corrections and Rehabilitation, as Respondent in place of "Robert Hernandez ." 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 "James Tilton, Secretary" as respondent in place of "R.J. Hernandez."

IT IS SO ORDERED.

20070119

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