Ignacio Canela v. W. L. Montgomery

Good Law
United States District Court, Southern District of CaliforniaFebruary 9, 20213:19-cv-01434-GPC-MSBCalifornia335 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 IGNACIO CANELA, Case No.: 19cv1434-H (MSB)

Petitioner,

ORDER SUA SPONTE

v. SUBSTITUTING RESPONDENT KATHLEEN ALLISON, Secretary, Respondent. 16 On July 17, 2019, Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1.) At the time of filing, Petitioner was apparently housed at Calipatria State Prison and thus named W.L. Montgomery, Warden, as Respondent. Based on the notice of change of address Petitioner submitted to the Court on February 8, 2021, it appears Petitioner is no longer housed at Centinela State Prison; rather, it appears he is presently incarcerated at the Substance Abuse Treatment Facility in Corcoran, California. 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 Petitioner’s place of custody has changed, so has his custodian. Accordingly, in order…

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