Free Order - District Court of California - California

Case 3:08-cv-00017-JM-NLS

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Filed 05/30/2008

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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 vs. MATTHEW CATE, Secretary of the California Department of Corrections and Rehabilitation, Respondent. DAVID CARLTON BROWN Petitioner, Civil No. 08cv0017-JM (NLS) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ORDER SUA SPONTE SUBSTITUTING RESPONDENT

On January 2, 2008, Petitioner, a state prisoner proceeding pro se, filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. At the time of filing, Petitioner was apparently housed at the California Institution for Men in Chino, California, and thus named M. E. Poulis, Warden, as Respondent. Based on Petitioner's notice of change of address filed with the Court on May 16, 2008, it appears Petitioner is no longer housed at the California Institution for Men; rather, it appears he has been paroled to the California Department of Corrections, Paroles and Community Services Division, El Cajon Unit, and resides in Chino, 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 is on parole, his custodian has changed from the warden of the prison at which he was housed to the Secretary of the California
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Case 3:08-cv-00017-JM-NLS

Document 21

Filed 05/30/2008

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Department of Corrections and Rehabilitation, the chief official of the state agency charged with supervision of parolees. 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's parole agent changes, 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 M. E. Poulis. The Clerk of the Court shall modify the docket to reflect the new respondent in place of "M. E. Poulis." IT IS SO ORDERED. DATED: May 30, 2008

Hon. Nita L. Stormes U.S. Magistrate Judge
CC: ALL PARTIES

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08cv0017