(DP) Williams v. Madden ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BOB RUSSELL WILLIAMS, Case No. 1:09-cv-01068-DAD 12 Petitioner, DEATH PENALTY CASE 13 v. ORDER (1) GRANTING PETITIONER’S UNOPPOSED MOTION TO SUBSTITUTE 14 RONALD DAVIS, Warden of San Quentin RESPONDENT, and (2) DIRECTING THE State Prison, CLERK OF THE COURT TO SUBSTITUTE 15 THE NAME OF WARDEN RAYMOND Respondent.1 MADDEN FOR WARDEN RONALD 16 DAVIS AS NAMED RESPONDENT 17 18 19 On March 22, 2022, petitioner Bob Russell Williams, through appointed counsel 20 Assistant Federal Defenders Harry Simon and Alyssa Mack, moved to substitute Raymond 21 Madden, the Warden of the Richard J. Donovan Correctional Facility, as the respondent in this 22 action in place of Ronald Davis, the Warden of San Quentin State Prison. 23 Counsel for petitioner advise that counsel for respondent, Deputy Attorney General Craig 24 Meyers, has no objection to the motion. 25 The court, having reviewed petitioner’s motion, the record, and the controlling law, will 26 grant substitution of Warden Raymond Madden as named respondent, as discussed below. 27 1 The court previously ordered that Ron Broomfield, Warden of San Quentin State Prison, 1 A petition for writ of habeas corpus by an applicant in custody under a state court 2 judgment shall name as respondent the state officer who has custody. 28 U.S.C. § 2242; Rules 3 Governing § 2254 Cases, Rule 2(a); see also Fed. R. Civ. P. 25(d) (providing for the automatic 4 substitution of a successor public officer for a predecessor public officer named as a party in an 5 official capacity). A failure to name the proper respondent destroys personal jurisdiction. 6 Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994); see also Johnson v. 7 Reilly, 349 F.3d 1149, 1153 (9th Cir. 2003) (the warden of the penitentiary where a prisoner is 8 confined constitutes the custodian who must be named in the petition). 9 Petitioner was incarcerated at San Quentin State Prison at the time the initial petition was 10 filed. (Doc. No. 1 at 1; Doc. No. 1-1 at 1.) Petitioner named the warden of that institution as 11 respondent. (Doc. No. 46 at 1.) Counsel state that petitioner now has been transferred to the 12 Richard J. Donovan Correctional Facility in San Diego, California (“RJD”), and is in the 13 custody of the warden of that institution, Raymond Madden. (Doc. No. 129 at 1.) The court 14 takes notice that the official website of the California Department of Corrections and 15 Rehabilitation reflects: (i) the present warden of RJD is Raymond Madden, and (ii) petitioner 16 is presently incarcerated at RJD. Fed. R. Evid. 201; California Department of Corrections and 17 Rehabilitation Inmate Locator, https://inmatelocator.cdcr.ca.gov/Results.aspx (last visited 18 April 27, 2022). 19 The court’s jurisdiction over this proceeding is unaffected by petitioner’s transfer to RJD. 20 Petitioner claims that in the course of the proceedings resulting in his conviction, he suffered 21 violations of his Constitutional rights. (Doc. No. 46 at 17-308.) The challenged judgment was 22 rendered by the Kern County Superior Court of the State of California, which is located within 23 the territorial jurisdiction of this court. (Doc. No. 46 at 2); 28 U.S.C. §§ 84(b), 2241(a), (d), 24 2254(a); Local Rules for the Eastern District of California, Rule 191(f); see also Francis v. 25 Rison, 894 F.2d 353, 354 (9th Cir.1990) (citing Smith v. Campbell, 450 F.2d 829, 834 (9th 26 Cir.1971)) (“[J]urisdiction attaches on the initial filing for habeas corpus relief, and it is not 27 destroyed by a transfer of the petitioner and the accompanying custodial change.”). 1 Accordingly, petitioner’s motion to substitute Raymond Madden, the Warden of the 2 |Richard J. Donovan Correctional Facility, as respondent in place of Ronald Davis, the Warden 3 San Quentin State Prison (Doc. No. 129), is granted. The Clerk of the Court is directed to 4 |substitute the name of Warden Raymond Madden for Warden Ronald Davis as the named 5 |respondent in this action. 6 7 IS SO ORDERED. ~ 4 g| Dated: _ April 27, 2022 LL 1 Yrod 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28