Fisher
(HC) Rodriguez v. Fisher
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PEDRO RODRIGUEZ, Case No.: 21-CV-1443-MMA(WVG)
Petitioner,
ORDER SUA SPONTE
v. SUBSTITUTING RESPONDENT KATHLEEN ALLISON, Secretary, Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, has submitted a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1.) At the time of filing, Petitioner was housed at Valley State Prison and thus named “Officer Fisher” as Respondent. Based on the notice of change of address Petitioner submitted to the Court on October 21, 2021, it appears Petitioner is no longer housed at Valley State Prison; rather, it appears he is presently incarcerated at the San Diego County Jail as a state prisoner. (ECF No. 14.) 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…