Casner v. Dickinson

Filing 36

ORDER GRANTING 24 MOTION TO SUBSTITUTE WARDEN ELVIN VALENZUELA AS RESPONDENT signed by Magistrate Judge Sheila K. Oberto on 10/30/2012. (Lundstrom, T)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KENNETH H. CASNER,

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Petitioner,

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v.
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ELVIN VALENZUELA, Warden,
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Respondent.
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1:10-cv—01081-SKO-HC
ORDER GRANTING PETITIONER’S
MOTION TO SUBSTITUTE WARDEN ELVIN
VALENZUELA AS RESPONDENT (DOC.
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ORDER DIRECTING THE SUBSTITUTION
OF WARDEN ELVIN VALENZUELA AS
RESPONDENT

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Petitioner is a state prisoner proceeding pro se with a

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petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

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Pursuant to 28 U.S.C. § 636(c)(1), the parties have consented to

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the jurisdiction of the United States Magistrate Judge to conduct

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all further proceedings in the case, including the entry of final

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judgment, by manifesting consent in signed writings filed by

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Petitioner on July 2, 2010 (doc. 5), and on behalf of Respondent

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on September 26, 2012 (doc. 33).

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Pending before the Court is Petitioner’s application to

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change the named respondent to the warden of the California Men’s

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Colony at San Luis Obispo, California, Petitioner’s institution

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of confinement, in place of Kathleen Dickinson, the former warden

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of the California Medical Facility at Vacaville, California.

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opposition to the application has been received.
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No

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A petitioner seeking habeas relief must name the state

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officer having custody of him or her as the respondent to the

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petition.

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the United States District Courts; Ortiz-Sandoval v. Gomez, 81

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F.3d 891, 894 (9th Cir. 1996); Stanley v. California Supreme

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Court, 21 F.3d 359, 360 (9th Cir. 1994).

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having custody of the prisoner is the warden of the prison

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because the warden has “day to day control over” the prisoner.

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Brittingham v. United States, 982 F.2d 378, 379 (9th Cir. 1992).

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Rule 2(a) of the Rules Governing Section 2254 Cases in

Normally, the person

Therefore, Petitioner’s request is proper.

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Accordingly, it is ORDERED that Petitioner’s motion for

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leave to amend the petition to name Warden Elvin Valenzuela as

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Respondent in this matter is GRANTED.

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The Clerk of Court is DIRECTED to change the name of
Respondent to Warden Elvin Valenzuela.

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IT IS SO ORDERED.

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Dated:
ie14hj

October 30, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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