Harrell

Harrell v. Pollard

Good Law
United States District Court, Southern District of CaliforniaSeptember 23, 20213:21-cv-00255California346 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DEREK D. HARRELL, Case No.: 3:21-cv-00255-JLS-AHG

Petitioner,

ORDER SUA SPONTE

v. SUBSTITUTING RESPONDENT KATHLEEN ALLISON, Secretary, Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 on February 9, 2021. ECF No. 1. At the time of filing, Petitioner was apparently housed at R.J. Donovan State Prison and thus named Marcus Pollard, Warden, as Respondent. Based on the notice of change of address Petitioner submitted to the Court on September 21, 2021, it appears Petitioner is no longer housed at R.J. Donovan State Prison; rather, he is presently incarcerated at Folsom State Prison in Represa, California. ECF No. 12. 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. § 2254. Because Petitioner’s place of custody has changed, so has his custodian.…

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