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Augustus Nelson v. Ken Clark

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 7, 2011

AUGUSTUS NELSON, PETITIONER,
v.
KEN CLARK, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Hon. Anthony J. Battaglia U.S. Magistrate Judge United States District Court

ORDER SUA SPONTE SUBSTITUTING RESPONDENT

At the time of filing, Petitioner was apparently housed at the Substance Abuse Treatment Facility in Corcoran, California and thus named Ken Clark, Warden, as Respondent. Based on the notice of change of address Petitioner submitted to the Court on December 30, 2010, it appears Petitioner is no longer housed at the Substance Abuse Treatment Facility in Corcoran, California; rather, it appears he is presently incarcerated at Centinela State Prison, located in Imperial, 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 Matthew Cate, Secretary of the California Department of Corrections and Rehabilitation, as Respondent in place of "Ken Clark ." 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" in place of the former respondent.

IT IS SO ORDERED

20110107

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