Garcia v. Virga

Filing 31

ORDER DIRECTING Clerk of Court to Amend Caption, signed by Magistrate Judge Sheila K. Oberto on 1/21/16. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAUL CARLOS GARCIA,

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Case No. 1:13-cv-00448-SKO HC

Petitioner,
ORDER DIRECTING CLERK
OF COURT TO AMEND CAPTION

v.
TIM VIRGA, Warden CSPS,

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Respondent.

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

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as respondent the state officer who has custody.” Rule 2(a) of the Rules Governing Section 2254

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Cases in the United States District Courts. Petitioner has advised the Court that he is presently

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incarcerated in the California Substance Abuse Treatment Center, Corcoran, California. As a result,

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Tim Virga, the former warden of California State Prison, Sacramento, California, no longer has
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custody of Petitioner. Stu Sherman, Warden of the California Substance Abuse Treatment Facility
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 Stu Sherman, Warden, California Substance Abuse Treatment Facility,
as Respondent.

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IT IS SO ORDERED.
Dated:

January 21, 2016

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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