(DP) Clark v. Cueva ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROYAL CLARK, Case No. 1:12-cv-00803-KES 12 Petitioner, DEATH PENALTY CASE 13 v. ORDER (1) GRANTING PETITIONER’S UNOPPOSED MOTION TO 14 CHANCE ANDES, Warden of San SUBSTITUTE RESPONDENT, and (2) Quentin Rehabilitation Center, DIRECTING THE CLERK OF THE 15 COURT TO SUBSTITUTE THE NAME Respondent. OF WARDEN DANIEL E. CUEVA FOR 16 WARDEN CHANCE ANDES AS NAMED RESPONDENT 17 18 19 On May 15, 2024, Petitioner Royal Clark, through appointed counsel the Office of the 20 Federal Defender for the Eastern District of California, by Assistant Federal Defender David 21 Harshaw, moved to substitute Daniel E. Cueva, Acting Warden of the California Medical 22 Facility, as the Respondent in this action in place of Chance Andes, Warden of the San Quentin 23 Rehabilitation Center (formally known as San Quentin State Prison). 24 Counsel for Petitioner advises that counsel for Respondent, Deputy Attorney General 25 William Kim, has no objection to the motion. 26 The Court, having reviewed Petitioner’s motion, the record, and the controlling law, will 27 grant substitution of Warden Daniel E. Cueva as named Respondent, as discussed below. A petition for writ of habeas corpus by an applicant in custody under a state court 1 judgment shall name as respondent the state officer who has custody. 28 U.S.C. § 2242; 2 Rules Governing § 2254 Cases, Rule 2(a); see also Fed. R. Civ. P. 25(d) (providing for the 3 automatic substitution of a successor public officer for a predecessor public officer named as 4 a party in an official capacity). A failure to name the proper respondent destroys personal 5 jurisdiction. Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994); see also 6 Johnson v. Reilly, 349 F.3d 1149, 1153 (9th Cir. 2003) (the warden of the penitentiary where 7 a prisoner is confined constitutes the custodian who must be named in the petition). Petitioner 8 was incarcerated at San Quentin State Prison at the time the initial petition was filed. (Doc. 9 21 at 51; see also Doc. 84 at 1.1) Petitioner named the warden of that institution as 10 Respondent. (Doc. 21 at 1.) Counsel states that Petitioner now has been transferred to the 11 California Medical Facility, and is in the custody of the warden of that institution, Daniel E. 12 Cueva. (Doc. 84 at 1-2.) The Court takes notice that the official website of the California 13 Department of Corrections and Rehabilitation reflects: (i) the California Medical Facility is 14 located at 1600 California Drive, Vacaville, California, 95687, (ii) the present warden of the 15 California Medical Facility is Daniel E. Cueva, and (iii) Petitioner is presently incarcerated at 16 the California Medical Facility. Fed. R. Evid. 201; see http://www.cdcr.ca.gov/facility- 17 locator/cmf/, (last visited May 16, 2024); http://apps.cdcr.ca.gov/ciris/, (last visited May 16, 18 2024). 19 The Court’s jurisdiction over this proceeding is unaffected by Petitioner’s transfer to 20 the California Medical Facility. Petitioner claims that in the course of the proceedings 21 resulting in his conviction, he suffered violations of his Constitutional rights. (Doc. 21 at 22 116-779.) The challenged judgment was rendered by the Fresno County Superior Court of the 23 State of California, which is located within the territorial jurisdiction of this Court. (Doc. 21 24 at 51); 28 U.S.C. §§ 84(b), 2241(a)(d), and 2254(a); Local Rules for the Eastern District of 25 California, Rule 191(f); see also Francis v. Rison, 894 F.2d 353, 354 (9th Cir.1990) (citing 26 Smith v. Campbell, 450 F.2d 829, 834 (9th Cir.1971)) (“[J]urisdiction attaches on the initial 27 1 Reference to page numbering is to CM/ECF system pagination. 1 filing for habeas corpus relief, and it is not destroyed by a transfer of the petitioner and the 2 accompanying custodial change.’’). 3 ACCORDINGLY, Petitioner’s motion to substitute Daniel E. Cueva, Warden of the 4 |California Medical Facility, as Respondent in place of Chance Andes, Warden of the San 5 | Quentin Rehabilitation Center (Doc. No. 84), is GRANTED. The Clerk of the Court is directed 6 |to substitute the name of Warden Daniel E. Cueva for Warden Chance Andes as the named 7 |Respondent in this action. 8 g [T IS SO ORDERED. _ 10 Dated: _ May 17, 2024 4h : UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28