UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
October 7, 2010
ARTHUR LEE HARRIS, PETITIONER,
SUA SPONTE MATTHEW CATE, SECRETARY OF THE CALIFORNIA SUBSTITUTING RESPONDENTS DEPARTMENT OF CORRECTIONS AND REHABILITATION, RESPONDENT.
The opinion of the court was delivered by: Ruben B. Brooks United States Magistrate Judge
On July 1, 2010, Petitioner, a state prisoner proceeding pro se, filed a First Amended Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, naming Bobby Phillips, the Warden of the institution where he was confined, and Edmund G. Brown, the California Attorney General, as Respondents. (Doc. No. 1.) Petitioner has since filed a Notice of Change of address indicating that he has been transferred to another institution. (Doc. No. 12.)
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 confinement has changed, the Warden of the previous institution in no longer a proper Respondent. In addition, the California Attorney General is not a proper Respondent to this action. See Rule 2 (b), 28 U.S.C. foll. § 2254. In order to conform with the requirements of Rules 2(a) and 2(b) 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 Matthew Cate, Secretary of the California Department of Corrections and Rehabilitation, as Respondent in place of "Bobby Phillips" and "Edmund G. Brown." 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 "Matthew Cate, Secretary" as Respondent in place of "Bobby Phillips," "Edmund G. Brown" and "Ben Curry."*fn1
IT IS SO ORDERED.