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Michael Robert Coffin v. Matthew Cate

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 9, 2012

MICHAEL ROBERT COFFIN,
PETITIONER,
v.
MATTHEW CATE, SECRETARY OF THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION,
RESPONDENT.

ORDER

Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Petitioner Michael Robert Coffin asks that the Court order substitution of the respondent. Currently Michael Evans, who was the warden of Folsom State Prison when Mr. Coffin filed his petition, is named as the respondent. Mr. Coffin has been transferred out-of-state to serve his California state sentence at the Tallahatchie County Correctional Facility in Tutwiler, Mississippi. Warden Michael Evans no longer has custody of Mr. Coffin and thus it is appropriate to substitute in Matthew Cate, Secretary of the California Department of Corrections and Rehabilitation, as the respondent.

On January 6, 2012, counsel for Respondent informed counsel for Petitioner that Respondent does not oppose this request.

Dated: January 9, 2012 Respectfully submitted,

DANIEL J. BRODERICK Federal Defender

/s/ Carolyn M. Wiggin CAROLYN M. WIGGIN Assistant Federal Defender Attorney for Petitioner

Pursuant to Federal Rule of Civil Procedure 25(d), the Clerk of the Court is directed to substitute in Matthew Cate, Secretary of the California Department of Corrections and Rehabilitation, as the respondent.

IT IS SO ORDERED.

20120109

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