Smith v. Moss

Filing 25

ORDER Directing Clerk of Court to Amend Caption signed by Magistrate Judge Sheila K. Oberto on 05/31/2016. (Flores, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 WILLIAM ALLEN SMITH, 10 11 12 Case No. 1:15-cv-01696-LJO-SKO HC Petitioner, ORDER DIRECTING CLERK OF COURT TO AMEND CAPTION v. MARION SPEARMAN, Warden, 13 Respondent. (Doc. 24) 14 “If the petitioner is currently in custody under a state court judgment, the petition must name 15 16 as respondent the state officer who has custody.” Rule 2(a) of the Rules Governing Section 2254 17 Cases in the United States District Courts. Petitioner has advised the Court that he is presently 18 incarcerated in the Substance Abuse and Treatment Facility, Corcoran, California. As a result, 19 Stuart Sherman, Warden of the Substance Abuse and Treatment Facility, now has custody of 20 21 Petitioner. Accordingly, the Court hereby ORDERS the Clerk of Court to amend the caption to reflect 22 23 the name of Stuart Sherman, Warden, Substance Abuse and Treatment Facility, as Respondent. 24 25 IT IS SO ORDERED. 26 27 Dated: May 31, 2016 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 28 1 .

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