Valencia v. Martel

Filing 48

ORDER GRANTING Petitioner's 37 Motion to Amend the Petition to Change the Name of the Respondent; ORDER DIRECTING the Clerk to Change Name of the Respondent signed by Magistrate Judge Sheila K. Oberto on 10/30/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DAVID J. VALENCIA, JR.,

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Petitioner,

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v.
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CONNIE GIPSON,
Respondent.

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1:11-CV-01066-AWI-SKO-HC
ORDER GRANTING PETITIONER’S
MOTION TO AMEND THE PETITION TO
CHANGE THE NAME OF RESPONDENT
(Doc. 37)
ORDER DIRECTING THE CLERK TO
CHANGE THE NAME OF THE RESPONDENT

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Petitioner is a state prisoner proceeding pro se and in

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forma pauperis with a petition for writ of habeas corpus pursuant

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to 28 U.S.C. § 2254.

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local

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Rules 302 and 303.

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motion to amend the petition to name a proper respondent, filed

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on August 20, 2012.

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The matter has been referred to the

Pending before the Court is Petitioner’s

Petitioner requests that the Court name as Respondent Connie

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Gipson, Warden of the California State Prison at Corcoran,

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California, where Petitioner is confined.

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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
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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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Therefore, Petitioner’s request is proper.

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

Generally, the person

Accordingly, Petitioner’s motion for leave to amend the

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petition to name Warden Connie Gipson as Respondent in this

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matter is GRANTED.

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The Clerk of Court is DIRECTED to change the name of
Respondent to Warden Connie Gipson.

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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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