Campos v. People of California

Filing 12

ORDER Granting Petitioner's Request To Name Proper Respondent (Doc. 10 ), signed by Magistrate Judge Jennifer L. Thurston on 3/29/2016. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALBERT ESTRADA CAMPOS, JR.,
Petitioner,

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v.
THE PEOPLE OF CALIFORNIA,
Respondent.

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Case No.: 1:16-cv-00269-JLT
ORDER GRANTING PETITIONER’S REQUEST
TO NAME PROPER RESPONDENT
(Doc. 10)

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A petitioner seeking habeas corpus relief under 28 U.S.C. § 2254 must name the state officer

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having custody of him as the respondent to the petition. Rule 2 (a) of the Rules Governing § 2254

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Cases; Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996); Stanley v. California Supreme

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Court, 21 F.3d 359, 360 (9th Cir. 1994). Normally, the person having custody of an incarcerated

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petitioner is the warden of the prison in which the petitioner is incarcerated because the warden has

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"day-to-day control over" the petitioner. Brittingham v. United States, 982 F.2d 378, 379 (9th Cir.

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1992); see also, Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994).

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On March 2, 2016, the Court noted that Petitioner named “the People of California” rather than

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the warden of the prison where is housed. (Doc. 4) Thus, the Court ordered Petitioner to amend the

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complaint to name the proper respondent. Id. Petitioner has now done that. (Doc. 10) Thus, the Court

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ORDERS:

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Petitioner’s motion to amend his petition (Doc. 10) to name Stuart Sherman as the
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respondent, is GRANTED.

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IT IS SO ORDERED.
Dated:

March 29, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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