Funtanilla v. On Habeas Corpus

Filing 12

ORDER GRANTING Petitioner's Motion to Amend Petition and Change Name of Respondent 11 ; ORDER DIRECTING Clerk of Court to Change Name of Respondent, signed by Magistrate Judge Gary S. Austin on 5/10/11: The Clerk of Court is DIRECTED to change the name of Respondent to Kelly Santoro. (Hellings, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9
EASTERN DISTRICT OF CALIFORNIA
10
11
12
13
14
15

GREGORIO FUNTANILLA, JR.,

)
)
Petitioner,
)
)
v.
)
)
KELLY SANTORO, Warden,
)
)
Respondent.
)
____________________________________)

1:10-CV-01946 LJO GSA HC
ORDER GRANTING PETITIONER’S
MOTION TO AMEND PETITION AND
CHANGE NAME OF RESPONDENT
[Doc. #11]
ORDER DIRECTING CLERK OF COURT
TO CHANGE NAME OF RESPONDENT

16
17
18

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254.

19

On April 5, 2011, the Court granted Petitioner leave to file a motion to amend the petition to

20

name a proper respondent. On May 5, 2011, Petitioner filed a motion to amend the petition.

21

Petitioner requests that Kelly Santoro, the Warden at his institution, be named as Respondent in this

22

matter.

23

A petitioner seeking habeas relief must name the state officer having custody of him as the

24

respondent to the petition. Rule 2(a) of the Rules Governing Section 2254 Cases; Ortiz-Sandoval v.

25

Gomez, 81 F.3d 891, 894 (9th Cir.1996); Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th

26

Cir.1994). Normally, the person having custody of the prisoner is the warden of the prison because

27

the warden has “day to day control over” the prisoner. Brittingham v. United States, 982. F.2d 378,

28

279 (9th Cir.1992). Therefore, Petitioner’s request is proper.

U .S. D istrict C ourt
E. D . C alifornia

1

1

Accordingly, Petitioner’s motion for leave to amend the petition to name Kelly Santoro as

2

Respondent in this matter is GRANTED. The Clerk of Court is DIRECTED to change the name of

3

Respondent to Kelly Santoro.

4
5

IT IS SO ORDERED.

6

Dated:
6i0kij

May 10, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
U .S. D istrict C ourt
E. D . C alifornia

2