(HC) Nguyen v. Arias

E.D. California

(HC) Nguyen v. Arias

DecidedJune 7, 2024

Docket2:23-cv-01086

StatusUnknown

This text of (HC) Nguyen v. Arias ((HC) Nguyen v. Arias) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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(HC) Nguyen v. Arias, (E.D. Cal. 2024).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAI NGUYEN, Case No. 2:23-cv-01086-DAD-JDP (HC) 12 Petitioner, ORDER 13 v. DENYING PETITIONER’S MOTION TO SUBSTITUTE RESPONDENT AS 14 ACEVEDO, UNNECESSARY 15 Respondent. ECF No. 12 16 17 Petitioner moves to substitute respondent as Arias. ECF No. 12. Acevedo was previously 18 named the respondent, but Arias is currently the warden of Calipatria State Prison, where 19 petitioner is incarcerated. “A petitioner for habeas corpus relief must name the state officer 20 having custody of him or her as the respondent to the petition.” Stanley v. California Supreme 21 Court, 21 F.3d 359, 360 (9th Cir. 1994) (citing Rule 2(a), 28 U.S.C. § 2254). 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. Petitioner’s motion to substitute respondent, ECF No. 12, is denied as unnecessary. 24 2. The Clerk of Court is directed to substitute Arias, warden of Calipatria State Prison, as 25 the respondent in the docket of this case, in place of the previously warden, Acevedo. 26 27 28 1 > IT IS SO ORDERED. 3 ( | { Wine Dated: _ June 6, 2024 4 JEREMY D. PETERSON 5 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAI NGUYEN, Case No. 2:23-cv-01086-DAD-JDP (HC) 12 Petitioner, ORDER 13 v. DENYING PETITIONER’S MOTION TO SUBSTITUTE RESPONDENT AS 14 ACEVEDO, UNNECESSARY 15 Respondent. ECF No. 12 16 17 Petitioner moves to substitute respondent as Arias. ECF No. 12. Acevedo was previously 18 named the respondent, but Arias is currently the warden of Calipatria State Prison, where 19 petitioner is incarcerated. “A petitioner for habeas corpus relief must name the state officer 20 having custody of him or her as the respondent to the petition.” Stanley v. California Supreme 21 Court, 21 F.3d 359, 360 (9th Cir. 1994) (citing Rule 2(a), 28 U.S.C. § 2254). 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. Petitioner’s motion to substitute respondent, ECF No. 12, is denied as unnecessary. 24 2. The Clerk of Court is directed to substitute Arias, warden of Calipatria State Prison, as 25 the respondent in the docket of this case, in place of the previously warden, Acevedo. 26 27 28 1 > IT IS SO ORDERED. 3 ( | { Wine Dated: _ June 6, 2024 4 JEREMY D. PETERSON 5 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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