Mianta McKnight v. John Monday

Filing 11

ORDER GRANTING 9 Motion to Amend the Petition; Clerk of Court DIRECTED to change name of Respondent to Tina Hornbeak, signed by Magistrate Judge Sheila K. Oberto on 7/9/2010. (Amended Complaint due by 8/12/2010) (Marrujo, C)

(HC) Mianta McKnight v. Tina Hornbeak

Doc. 11

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UNITED STATES DISTRICT COURT
7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 v. 13 14 15 Respondent. 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner is a state prisoner who is confined in Chowchilla and is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter has been TINA HORNBEAK, Warden of Valley State Prison for Women, MIANTA McKNIGHT, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:09-cv-1315-SKO-HC ORDER GRANTING PETITIONER'S MOTION TO AMEND THE PETITION TO CHANGE THE NAME OF RESPONDENT (Doc. 9) ORDER DIRECTING THE CLERK TO CHANGE THE NAME OF THE RESPONDENT

referred to the Magistrate Judge pursuant to 28 U.S.C.§ 636(b)(1) and Local Rules 302 and 303. Pending before the Court is

Petitioner's motion to amend the petition to name a proper respondent, filed on June 17, 2010, in response to the Court's order of May 25, 2010, granting Petitioner leave to file the motion. Petitioner requests that Tina Hornbeak, Warden of Valley State Prison for Women, be named as Respondent in this matter. 1
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A petitioner seeking habeas relief must name the state officer having custody of him or her as the respondent to the petition. Rule 2(a) of the Rules Governing Section 2254 Cases;

Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir.1996); Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir.1994). Normally, the person having custody of the prisoner is the warden of the prison because the warden has "day to day control over" the prisoner. (9th Cir.1992). Brittingham v. United States, 982 F.2d 378, 279 Therefore, Petitioner's request is proper.

Accordingly, Petitioner's motion for leave to amend the petition to name Tina Hornbeak, Warden of Valley State Prison for Women, as Respondent in this matter is GRANTED. The Clerk of Court is DIRECTED to change the name of Respondent to Tina Hornbeak.

IT IS SO ORDERED. Dated: ie14hj July 9, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE

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