Philip Graham Dugger v. Ralph Diaz

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

10 PHILIP GRAHAM DUGGER, ) Case No. SACV 20-1744-GW (JPR) ) Petitioner, ) ) ORDER SUMMARILY DISMISSING v. ) FEDERAL HABEAS PETITION ) KATHLEEN ALLISON, CDCR ) Secretary, ) ) Respondent. ) 16 On September 10, 2020, Petitioner filed a Petition for Writ of Habeas Corpus by a Person in State Custody. The Petition’s 19 20 1 Petitioner names as Respondent Ralph Diaz (see Pet. at 1), who was the California Department of Corrections and Rehabilitation’s Secretary when the Petition was filed. Diaz had custody of Petitioner at his institution of confinement and therefore was properly sued. See Ortiz-Sandoval v. Gomez, 81 F.3d 23 891, 894-96 (9th Cir. 1996) (as amended). Because the CDCR’s Secretary is now Kathleen Allison, she is substituted in as the proper Respondent. See Fed. R. Civ. P. 25(d); see also R. 2(a), Rs. Governing § 2254 Cases in U.S. Dist. Cts. That same day, Petitioner moved to disqualify the two…