(DP) Slaughter v. Stokes ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL COREY SLAUGHTER, Case No. 1:05-cv-00922-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 TAMMY L. CAMPBELL 16 FOR WARDEN CHANCE ANDES AS NAMED RESPONDENT 17 18 19 On May 23, 2024, Petitioner Michael Corey Slaughter, through appointed counsel the 20 Office of the Federal Defender for the Eastern District of California by Assistant Federal 21 Defenders Alyssa Mack and Jennifer Mann, moved to substitute Tammy L. Campbell, Warden 22 of California State Prison - Corcoran, as the Respondent in this action in place of Chance Andes, 23 Warden of the San Quentin Rehabilitation Center (formally known as California State Prison - 24 San Quentin). 25 Counsel for Petitioner advise that counsel for Respondent, Deputy Attorney General 26 Joseph Penney, has no objection to the motion. 27 The Court, having reviewed Petitioner’s motion, the record, and the controlling law, will grant substitution of Warden Tammy L. Campbell as named Respondent, as discussed below. 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; 3 Rules Governing § 2254 Cases, Rule 2(a); see also Fed. R. Civ. P. 25(d) (providing for the 4 automatic substitution of a successor public officer for a predecessor public officer named as 5 a party in an official capacity). A failure to name the proper respondent destroys personal 6 jurisdiction. Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994); see also 7 Johnson v. Reilly, 349 F.3d 1149, 1153 (9th Cir. 2003) (the warden of the penitentiary where 8 a prisoner is confined constitutes the custodian who must be named in the petition). Petitioner 9 was incarcerated at California State Prison - San Quentin at the time the initial petition was 10 filed. (Doc. 8 at 9.1) Petitioner named the warden of that institution as Respondent. (Doc. 8 11 at 1.) Counsel state that Petitioner now has been transferred to California State Prison - 12 Corcoran, and is in the custody of the warden of that institution, Tammy L. Campbell. (Doc. 13 186 at 1.) The Court takes notice that the official website of the California Department of 14 Corrections and Rehabilitation reflects: (i) the California State Prison - Corcoran is located at 15 4001 King Avenue, Corcoran, CA 93212, (ii) the present warden of California State Prison - 16 Corcoran is Tammy L. Campbell, and (iii) Petitioner is presently incarcerated at the 17 California State Prison - Corcoran. Fed. R. Evid. 201; see http://www.cdcr.ca.gov/facility- 18 locator/cor/, (last visited May 23, 2024); http://apps.cdcr.ca.gov/ciris/, (last visited May 23, 19 2024). 20 The Court’s jurisdiction over this proceeding is unaffected by Petitioner’s transfer to 21 the California State Prison - Corcoran. Petitioner claims that in the course of the proceedings 22 resulting in his conviction, he suffered violations of his Constitutional rights. (Doc. 82 at 24- 23 165.) The challenged judgment was rendered by the Stanislaus County Superior Court of the 24 State of California, which is located within the territorial jurisdiction of this Court. (Doc. 82 25 at 8); 28 U.S.C. §§ 84(b), 2241(a)(d), and 2254(a); Local Rules for the Eastern District of 26 California, Rule 191(f); see also Francis v. Rison, 894 F.2d 353, 354 (9th Cir. 1990) (citing 27 1 Reference to page numbering is to CM/ECF system pagination. 1 | Smith v. Campbell, 450 F.2d 829, 834 (9th Cir.1971)) (“[JJurisdiction attaches on the initial 2 filing for habeas corpus relief, and it is not destroyed by a transfer of the petitioner and the 3 | accompanying custodial change.”). 4 THEREFORE, the Court orders that: 5 1. Petitioner’s motion to substitute Tammy L. Campbell, Warden of California State 6 Prison - Corcoran, as Respondent in place of Chance Andes, Warden of the San 7 Quentin Rehabilitation Center (Doc. No. 186), is GRANTED. 8 2. The Clerk of the Court is directed to substitute the name of Tammy L. Campbell 9 for Warden Chance Andes as the named Respondent in this action. 10 11 12 [T IS SO ORDERED. _ 13 Dated: _ May 24, 2024 4h : 4 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28