Navarro v. Allison

I UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA || Juan Ramon NAVARRO, Case No.: 22-cv-1093-JO-AGS Petitioner.) ORDER SUBSTITUTING || V. RESPONDENT || Kathleen Allison, Secretary, 7 Respondent.

9 On September 22, 2022, petitioner, a state prisoner, filed a petition for a writ of ||habeas corpus naming W.L. Montgomery, the Warden of Calipatria State Prison in 11 Imperial, California as respondent. (ECF 1.) On September 30, 2022, petitioner notified ||the Court that he had been transferred to the California State Prison, Solano in Vacaville, || California. (ECF 6.)

14 A writ of habeas corpus is issued to the prisoners’ custodian. 28 U.S.C. § 2242; || Rule 2(a), 28 U.S.C. foll. § 2254. Because petitioner’s place of custody has changed, so || has the respondent to this action. In order to conform with the requirements of Rule 2(a) of ||the Rules Governing § 2254 Cases and to avoid changing the respondent if petitioner is || transferred again, the Court ORDERS the substitution of Kathleen Allison, Secretary of 19 California Department of Corrections and Rehabilitation, as Respondent in place of || Warden W.L. Montgomery. 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).

23 The Clerk of the Court will modify the docket to reflect “Kathleen Allison, || Secretary” in place of the former respondent.

25 || Dated: October 4, 2022 26 — 97 Hon. ndrew G. Schopler United States Magistrate Judge