Free Order - District Court of California - California

Case 3:08-cv-00406-BEN-AJB

Document 8

Filed 05/16/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On March 3, 2008, this case was transferred from the United States District Court for the Central District of California. At the time of filing, Petitioner was apparently housed at the California Rehabilitation Center and thus named Matthew Martell, Warden, as Respondent. Based on the notice of change of address Petitioner submitted to the Court on May 9, 2008, it appears Petitioner is no longer housed at the California Rehabilitation Center; rather, it appears he has been released from custody. 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. 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, the Court hereby sua sponte ORDERS the substitution of James Tilton, Secretary of the California Department of Corrections and Rehabilitation, as Respondent in place of "Matthew Martell." 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). -1v. JAMES TILTON, Secretary, Respondent. EDWARD REYNIR SULLIVAN, Petitioner, ORDER SUA SPONTE SUBSTITUTING RESPONDENT Civil No. 08-0406 BEN (AJB) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

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08cv0406

Case 3:08-cv-00406-BEN-AJB

Document 8

Filed 05/16/2008

Page 2 of 2

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The Clerk of the Court shall modify the docket to reflect "James Tilton, Secretary" as respondent in place of "Matthew Martell." IT IS SO ORDERED.

DATED: May 16, 2008

Hon. Anthony J. Battaglia U.S. Magistrate Judge United States District Court

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