Warden
(HC) Diaz v. Warden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 FELIPE POLANCO DIAZ, Case No. 23-cv-01449-WHO (PR)
Petitioner,
ORDER OF DISMISSAL
v.
CHRISTIAN PFEIFFER, Dkt. No. 10 Respondent.
9 INTRODUCTION Petitioner Felipe Polanco Diaz has filed a habeas petition under 28 U.S.C. § 2254 in which he challenges the same state court judgment he challenged in a prior habeas action that he filed in this district, Diaz v. Martel, No. 10-cv-05298-PJH. The pending petition will be dismissed as second or successive to the prior petition. The Clerk shall enter Christian Pfeiffer, the warden of the prison in which Diaz is housed, as the respondent in this action. Pfeiffer is the sole proper respondent, as he is the custodian having day-to-day control over petitioner, the only person who can produce “the body” of the petitioner. Brittingham v. United States, 982 F.2d 378, 379 (9th Cir. 1992) (quoting Guerra v. Meese, 786 F.2d 414, 416 (D.C. Cir. 1986)). BACKGROUND The first habeas petition…