McCreary
McCreary v. Spearman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JEFFREY STEVEN McCREARY, Case No.: 18cv0789-CAB (BGS)
Petitioner,
ORDER SUA SPONTE
v. SUBSTITUTING RESPONDENT RALPH DIAZ, Secretary, Respondent. 16 On April 23, 2018, Petitioner, a state prisoner proceeding pro se, filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, naming M.E. Spearman, the Warden of the High Desert State Prison in Susanville, California where Petitioner was confined at the time, as Respondent, along with the California Attorney General as an additional Respondent. (ECF No. 1.) On October 23, 2019, Petitioner notified the Court he had been transferred to the California Correctional Institution at Tehachapi, California. (ECF No. 30.) A writ of habeas corpus acts upon the custodian of the state prisoner. 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…