Zagsaw v. Davey et al

Filing 20

ORDER Directing Clerk of Court to Amend Caption, signed by Magistrate Judge Sheila K. Oberto on 3/7/16: The caption in this matter amended to reflect the name of Clark Ducart and Scott Kernan, as Respondents. (Hellings, J)

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF CALIFORNIA

3
4

SALTAN ZAGSAW,

5
6
7
8

Petitioner,
ORDER DIRECTING CLERK
OF COURT TO AMEND CAPTION

v.
DAVE DAVEY, Warden, and JEFFREY
BEARD, Director of CDCR,
Respondent.

9
10
11

Case No. 1:15-cv-00793-LJO-SKO HC

“If the petitioner is currently in custody under a state court judgment, the petition must name
as respondent the state officer who has custody.” Rule 2(a) of the Rules Governing Section 2254

12
Cases in the United States District Courts. Petitioner has advised the Court that he is presently
13
14

incarcerated in Pelican Bay State Prison, Crescent City, California. As a result, Dave Davey, the

15

warden of the California State Prison, Corcoran, no longer has custody of Petitioner. Clark Ducart,

16

Warden of Pelican Bay State Prison, now has custody of Petitioner.

17
18
19

In addition, F.R.Civ.P. 25(d) provides that when a public party in an official capacity dies,
resigns, or otherwise ceases to hold office while the action is pending, the officer's successor is
automatically substituted as a party. In the above-captioned case, Scott Kernan has succeeded

20
Jeffrey Beard, Ph.D., as Secretary of CDCR.
21
Accordingly, the Court hereby ORDERS the Clerk of Court to amend the caption in this

22
23

matter to reflect the name of Clark Ducart, Warden, Pelican Bay State Prison, and Scott Kernan,

24

Secretary of CDCR, as Respondents.

25
26

IT IS SO ORDERED.

27
Dated:
28

March 7, 2016

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
1

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2