Opinion
20-cv-07861-HSG
06-14-2022
MIGUEL A. CISNEROS, Petitioner, v. TRENT ALLEN Respondent.
ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY
Re: Dkt. No. 49
HAYWOOD S. GILLIAM, JR. UNITED STATES DISTRICT JUDGE
On February 9, 2022, the Court dismissed this petition for a writ of habeas corpus as procedurally defaulted, denied a certificate of appealability, and granted judgment in favor of Respondent. Dkt. Nos. 32, 33. Now pending before the Court is Petitioner's request for a certificate of appealability. Dkt. No. 49. Petitioner's request for a certificate of appealability is DENIED for the reasons set forth in the Court's February 9, 2022 order (Dkt. No. 32). Petitioner may submit a request for a certificate of appealability directly to the Ninth Circuit Court of Appeals. Fed. R. App. P. 22(b)(1).
The Clerk of the Court is directed to substitute Warden Trent Allen in place of the previously named respondent because Warden Allen is Petitioner's current custodian. See Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir.), as amended (May 8, 1996) (rules governing relief under 28 U.S.C. § 2254 require person in custody pursuant to judgment of state court to name state officer having custody of him as respondent); Stanley v. Cal. Sup. Ct., 21 F.3d 359, 360 (9th Cir. 1994) (respondent in habeas petition typically is warden of facility in which petitioner is incarcerated).
This order terminates Dkt. No. 49.
IT IS SO ORDERED.