Michael Roy Johnson v. United States Parole Com.

Filing 12

ORDER signed by Magistrate Judge Sandra M. Snyder on 8/10/2010 directing Clerk of Court to change name of Respondent to Warden Clay re 11 Response to Order to Show Cause. (Lundstrom, T)

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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 HECTOR A. RIOS, 13 Respondent. 14 15 Petitioner is a federal prisoner proceeding pro se with a Petition for Wit of Habeas 16 Corpus pursuant to 28 U.S.C. 2241. 17 When the petition was initially filed, Petitioner named the United States Parole 18 Commission as Respondent. A petitioner filing a petition for writ of habeas corpus must name 19 the state officer who has custody of the petitioner as the respondent. Rule 2 (a) of the Rules 20 Governing 2254 cases; Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996). Normally, 21 the person having custody of an incarcerated petitioner is the warden of the prison in which the 22 petitioner is incarcerated because the warden has "day-to-day control over" the petitioner. 23 Brittingham v. United States, 982 F.2d 378, 379 (9th Cir. 1992); see also Stanley v. California 24 Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994). 25 On July 13, 2010, the Court issued an Order to Show Cause why the petition should not 26 be dismissed for lack of jurisdiction in that Petitioner had not named a proper Respondent. On 27 July 26, 2010, Petitioner filed a notice naming Warden Rios as the Respondent. 28 1 / v. [Doc. 11] MICHAEL ROY JOHNSON, Petitioner, 1:10-cv-01164-SMS (HC) ORDER DIRECTING CLERK OF COURT TO CHANGE NAME OF RESPONDENT UNITED STATES DISTRICT COURT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Accordingly, the Clerk of the Court is DIRECTED to substitute Warden Clay as the Respondent in this action. IT IS SO ORDERED. Dated: icido3 August 10, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 2

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