Valdez v. Diaz

• Court: District Court, S.D. California
• Decided: February 19, 2020
• Docket: 3:18-cv-00734
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JOSE LUIS VALDEZ, Case No.: 18cv0734 LAB (BGS)

12 Petitioner, ORDER SUA SPONTE 13 v. SUBSTITUTING RESPONDENT 14 RALPH DIAZ, Secretary, et al., 15 Respondents. 16 17 On April 13, 2018, Petitioner filed a petition for writ of habeas corpus pursuant to 18 28 U.S.C. § 2254. (ECF No. 1.) At the time of filing, Petitioner was apparently housed 19 at Centinela State Prison and thus named Raymond Madden, Warden, as Respondent. 20 Based on the notice of change of address Petitioner submitted to the Court on February 7, 21 2020, it appears Petitioner is no longer housed at Centinela State Prison; rather, it appears 22 he is presently incarcerated at Chuckawlla Valley State Prison in Blythe, California. 23 A writ of habeas corpus acts upon the custodian of the state prisoner. See 28 24 U.S.C. § 2242; Rule 2(a), 28 U.S.C. foll. § 2254. Because Petitioner’s place of custody 25 has changed, so has his custodian. Accordingly, in order to conform with the 26 requirements of Rule 2(a) of the Rules Governing § 2254 Cases and to avoid changing 27 the Respondent again if Petitioner is transferred to another prison or paroled, the Court 28 hereby sua sponte ORDERS the substitution of Ralph Diaz, Secretary of the California 1 || Department of Corrections and Rehabilitation, as Respondent in place of “Raymond 2 Madden.” See Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996) (stating that 3 || the respondent in § 2254 proceedings may be the chief officer in charge of state penal 4 |/institutions). The Clerk of the Court shall modify the docket to reflect “Ralph Diaz, 5 || Secretary” as respondent in place of “Raymond Madden.” 6 Dated: February 19, 2020 7 2 p / / on. Bernard G. Skomal 8 United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28