Dikes

Dikes v. Ndoh

Good Law
United States District Court, Southern District of CaliforniaAugust 12, 20213:20-cv-00335California340 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MICHAEL GERALD DIKES, Case No.: 3:20-cv-00335-MMA-NLS

Petitioner,

ORDER SUA SPONTE

v. SUBSTITUTING RESPONDENT KATHLEEN ALLISON, Secretary, et al., Respondents. 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. At the time of filing, Petitioner was apparently housed at Avenal State Prison and thus named Rosemary Ndoh, Warden, as Respondent. Based on the notice of change of address Petitioner submitted to the Court on August 10, 2021, it appears Petitioner is no longer housed at Avenal State Prison; rather, it appears he is presently incarcerated at Valley State Prison in Chowchilla, 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 to conform with…

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