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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NARCISO T. MORALES, 12 13 14 15 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. 16 ORDER DIRECTING CLERK OF COURT TO CHANGE NAME OF RESPONDENT TO WILLIAM MUNIZ 17 18 Petitioner initially named the People of the State of California as Respondent in this 19 matter. On April 13, 2016, the Court issued an order advising Petitioner that the People of the 20 State of California was not a proper respondent and that a petitioner proceeding with a petition for 21 writ of habeas corpus must name the state officer having custody of him as respondent. The 22 Court then directed Petitioner to amend the petition to name a proper respondent. Petitioner filed 23 a motion to amend on April 20, 2016, wherein he requested Respondent be amended to William 24 Muniz, Warden of Salinas Valley State Prison. Warden William Muniz is a proper respondent in 25 this matter; therefore, the motion will be granted. 26 27 28 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 1 1 matter. The parties are advised that this order does not alter the briefing schedule in this case, and 2 the petition is currently pending review on the merits. 3 4 5 IT IS SO ORDERED. Dated: February 9, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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