Gonzalez v. Madden

Filing 20

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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 SERGIO SOLIS GONZALEZ, Petitioner, 11 12 Case No. 1:16-cv-00455-DAD-MJS (HC) ORDER GRANTING MOTION TO CHANGE RESPONDENT v. (ECF NO. 18) 13 RAYMOND MADDEN, Warden, ORDER DENYING MOTION FOR COPIES 14 Respondent. (ECF NO. 19) 15 16 17 18 19 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. 20 The first of these states that Petitioner has moved to a different institution and he 21 requests that the Court substitute the new warden as Respondent. This request will be 22 granted. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Warden Dean 23 Borders is hereby substituted as the proper Respondent in this action. 24 The second motion requests a copy of Petitioner’s first amended petition and any 25 report, recommendation, or denial thereon. However, no amended petition has been 26 filed. Additionally, the original petition has not been addressed on the merits and no 27 report, recommendation, or denial exists. 28 1 The matter now is fully briefed and ready for disposition. Petitioner does not 2 explain why he requires copies of court documents at the present time. The request will 3 be denied without prejudice. 4 For the foregoing reasons, it is HEREBY ORDERED that: 5 1. The motion to change respondent (ECF No. 18) is GRANTED; and 6 2. The motion for copies (ECF No. 19) is DENIED. 7 8 9 IT IS SO ORDERED. Dated: October 7, 2017 /s/ 10 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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