Opinion
3:20-cv-00335-MMA-NLS
08-12-2021
MICHAEL GERALD DIKES, Petitioner, v. KATHLEEN ALLISON, Secretary, et al., Respondents.
ORDER SUA SPONTESUBSTITUTING RESPONDENT
Hon. Nita L. Stormes, United States Magistrate Judge.
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.
Corrections and Rehabilitation, as Respondent in place of “Rosemary Ndoh.” See Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996) (stating that the respondent in § 2254 proceedings may be the chief officer in charge of state penal institutions). The Clerk of the Court will modify the docket to reflect “Kathleen Allison, Secretary” as respondent in place of “Rosemary Ndoh.”
IT IS SO ORDERED.