Free Order - District Court of California - California

Case 3:08-cv-00787-H-CAB

Document 7

Filed 06/04/2008

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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 v. MATTHEW CATE, Secretary, et al., Respondents. Petitioner, a state prisoner proceeding pro se, has filed an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. At the time of filing, Petitioner named James Tilton, then Secretary of the California Department of Corrections and Rehabilitation, as Respondent. It has come to the Court's attention that James Tilton is no longer the Secretary of the California Department of Corrections and Rehabilitation; rather, Matthew Cate has recently been appointed Secretary of that agency. 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 the Secretary of the California Department of Corrections and Rehabilitation has changed, Petitioner's custodian has changed. Accordingly, in order to conform with the requirements of Rule 2(a) of the Rules Governing § 2254 Cases, the Court hereby sua sponte ORDERS the substitution of Matthew Cate, Secretary of the /// /// -1CHRISTOPHER ADAME, Petitioner, ORDER SUA SPONTE SUBSTITUTING RESPONDENT Civil No. 08-0787 H (CAB) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case 3:08-cv-00787-H-CAB

Document 7

Filed 06/04/2008

Page 2 of 2

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California Department of Corrections and Rehabilitation, as Respondent in place of "James Tilton." 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). IT IS SO ORDERED.

DATED: June 4, 2008

CATHY ANN BENCIVENGO United States Magistrate Judge

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