Condon v. People Of California

Filing 52

ORDER REGARDING PETITIONER'S MOTION TO AMEND PETITION TO NAME PROPER RESPONDENT AND FOR CLARIFICATION 51 ; DIRECTING CLERK OF COURT TO CHANGE NAME OF RESPONDENT signed by Magistrate Judge Gary S. Austin on 3/2/2015. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JULIE CONDON,
Petitioner,

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ORDER REGARDING PETITIONER’S
MOTION TO AMEND PETITION TO
NAME PROPER RESPONDENT AND FOR
CLARIFICATION
(ECF No. 51)

Respondent.

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1:13-cv-00792-GSA-HC

ORDER DIRECTING CLERK OF COURT
TO CHANGE NAME OF RESPONDENT

v.
A.W. COX,

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Petitioner is a state prisoner proceeding pro se in a habeas corpus action pursuant to 28

18 U.S.C. § 2254.
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On February 27, 2015, Petitioner filed a motion to amend the petition to name the proper

20 respondent. On November 12, 2014, Petitioner notified the Court that she had been transferred
21 from California Institution for Women (CIW) in Corona, California to Folsom Women’s Facility
22 (FWF) in Represa, California.

In her motion to amend the petition to name the proper

23 respondent, Petitioner states that the current warden of F.W.F. is A.W. Cox. As A.W. Cox is the
24 state officer who currently has custody of Petitioner, she is the proper Respondent in this action.
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Upon a review of the record, the Court notes that it does have a copy of the Tuolumne

26 County Superior Court’s order denying Petitioner’s petition for writ of habeas corpus. Petitioner
27 submitted a copy of the Tuolumne County Superior Court’s order denying her habeas petition as
28 part of her August 22, 2013, status report. (ECF No. 18). Therefore, the Court does not need

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Accordingly, Petitioner’s motion to amend the petition is GRANTED, and the Clerk of

3 Court is DIRECTED to change the name of Respondent to A.W. Cox.
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IT IS SO ORDERED.
Dated:

March 2, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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