UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
June 21, 2007
DEARCEY JAMUL STEWART, PETITIONER,
G. J. GIURBINO, WARDEN RESPONDENT.
The opinion of the court was delivered by: Cathy Ann Bencivengo United States Magistrate Judge
ORDER SUA SPONTE SUBSTITUTING RESPONDENT
Petitioner, a state prisoner proceeding pro se, has filed an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. At the time of filing, Petitioner was apparently housed in Calipatria State Prison and thus named G. J. Guirbino, Warden, as Respondent. Petitioner has now filed a change of address indicating he is now housed at Salinas Valley State Prison.
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 "G. J. Giurbino." 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).
IT IS SO ORDERED.
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