Gonzalez v. Madden
Filing
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ORDER GRANTING 18 Motion to Change Respondent; ORDER DENYING 19 Motion for Copies signed by Magistrate Judge Michael J. Seng on 10/7/2017. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SERGIO SOLIS GONZALEZ,
Petitioner,
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Case No. 1:16-cv-00455-DAD-MJS (HC)
ORDER GRANTING MOTION TO CHANGE
RESPONDENT
v.
(ECF NO. 18)
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RAYMOND MADDEN, Warden,
ORDER DENYING MOTION FOR COPIES
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Respondent.
(ECF NO. 19)
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Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus
under 28 U.S.C. § 2254. On October 4, 2017, he filed two motions in this case.
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The first of these states that Petitioner has moved to a different institution and he
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requests that the Court substitute the new warden as Respondent. This request will be
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granted. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Warden Dean
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Borders is hereby substituted as the proper Respondent in this action.
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The second motion requests a copy of Petitioner’s first amended petition and any
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report, recommendation, or denial thereon. However, no amended petition has been
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filed. Additionally, the original petition has not been addressed on the merits and no
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report, recommendation, or denial exists.
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The matter now is fully briefed and ready for disposition. Petitioner does not
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explain why he requires copies of court documents at the present time. The request will
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be denied without prejudice.
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For the foregoing reasons, it is HEREBY ORDERED that:
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1. The motion to change respondent (ECF No. 18) is GRANTED; and
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2. The motion for copies (ECF No. 19) is DENIED.
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IT IS SO ORDERED.
Dated:
October 7, 2017
/s/
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Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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