Narciso T. Morales v. People of the State of California

Filing 22

ORDER Granting 13 Motion to Amend to Name Proper Respondent; ORDER Directing Clerk of Court to Change Name of Respondent to William Muniz signed by Magistrate Judge Jennifer L. Thurston on 02/09/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NARCISO T. MORALES,

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Petitioner,

No. 1:16-cv-00466-DAD-JLT (HC)
ORDER GRANTING MOTION TO AMEND
TO NAME PROPER RESPONDENT

v.
[Doc. No. 13]
WILLIAM MUNIZ, Warden,
Respondent.

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ORDER DIRECTING CLERK OF COURT TO
CHANGE NAME OF RESPONDENT TO
WILLIAM MUNIZ

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Petitioner initially named the People of the State of California as Respondent in this

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matter. On April 13, 2016, the Court issued an order advising Petitioner that the People of the

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State of California was not a proper respondent and that a petitioner proceeding with a petition for

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writ of habeas corpus must name the state officer having custody of him as respondent. The

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Court then directed Petitioner to amend the petition to name a proper respondent. Petitioner filed

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a motion to amend on April 20, 2016, wherein he requested Respondent be amended to William

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Muniz, Warden of Salinas Valley State Prison. Warden William Muniz is a proper respondent in

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this matter; therefore, the motion will be granted.

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Accordingly, the Court ORDERS that Petitioner’s motion to amend the petition to name a
proper respondent is GRANTED.
The Clerk of Court is DIRECTED to substitute William Muniz as Respondent in this
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matter. The parties are advised that this order does not alter the briefing schedule in this case, and

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the petition is currently pending review on the merits.

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IT IS SO ORDERED.
Dated:

February 9, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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