Botello v. Virga

Filing 26

ORDER DIRECTING Clerk of Court to Amend Caption, signed by Magistrate Judge Barbara A. McAuliffe on 12/23/2015. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HERIBERTO BOTELLO

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Petitioner,

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Case No. 1:12-cv-01702-BAM HC
ORDER DIRECTING CLERK
OF COURT TO AMEND CAPTION

v.
TIM VIRGA, Warden,

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Respondents.

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Rule 2(a) of the Rules Governing Section 2254 Cases in the United States District Courts

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provides that “If the petitioner is currently in custody under a state court judgment, the petition must

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name as respondent the state officer who has custody.” Petitioner has advised the Court that he is

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presently incarcerated in Pleasant Valley State Prison, Coalinga, California. As a result, Tim Virga,

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the former warden of California State Prison, Sacramento, no longer has custody of Petitioner. Scott
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Frauenheim, Warden of Pleasant Valley State Prison, now has custody of Petitioner.
Accordingly, the Court hereby ORDERS the Clerk of Court to amend the caption in this

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matter to reflect the name of Scott Frauenheim, Warden, Pleasant Valley State Prison, as

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Respondent.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

December 23, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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