Rushdan v. Davey et al.
ORDER Denying Plaintiff's 10 Motion of Correction signed by Magistrate Judge Gary S. Austin on 08/13/2017. (Flores, E)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
aka ROBERT STANLEY WOOD,
ORDER DENYING PLAINTIFF’S MOTION
(ECF No. 12.)
D. DAVEY, et al.,
Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42
U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on July 1, 2016. (ECF
No. 1.) On October 21, 2016, Plaintiff filed a Motion of Correction, which is now before the
court. (ECF No. 10.)
Plaintiff requests the court to change his name on this record for this case. He asserts
that this case was filed as “Saladin Rushdan (AKA: Woods) v. D. Davey,” and that Saladin
Rushdan is Plaintiff’s “real and true name.” (ECF No. 10.) Plaintiff requests the court to use
his name as originally filed and accepted.
The court initially entered Plaintiff’s name on the record for this case as Saladin
However, on September 30, 2016, Plaintiff’s court mail was returned to
the court as undeliverable, with a notation “Name & CDC Number Do Not Match.” (Court
record.) To insure that Plaintiff will receive his court mail in this case, the court changed
Plaintiff’s name on the record to “Robert Stanley Wood, B-38236, aka Saladin Rushdan.”1 The
court re-served the returned mail using the updated name. After the name was updated none of
Plaintiff’s court mail has been returned to the court as undeliverable in this case.
Evidence shows that CDCR and LAC identify Plaintiff as Robert Stanley Woods, not
Saladin Rushdan.2 The CDCR’s online database identifies Plaintiff as Robert Stanley Woods,
not Saladin Rushdan. Also, Plaintiff is identified as “Woods, Robert, CDCR B38236” on the
LAC trust account statement filed by Plaintiff on July 1, 2016. (ECF No. 2.) Plaintiff states
that Saladin Rushdan is his “real and true name,” but Plaintiff has not submitted evidence that
he will receive his court mail using that name. Without such evidence, the court shall not
change Plaintiff’s name on the record for this case.
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion of Correction, filed on
October 21, 2016, is DENIED.
IT IS SO ORDERED.
August 13, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
The court’s database generates mailing labels for the parties using the name and address
entered on the database.
According to court records, Plaintiff has been housed at the California State Prison-Los
Angeles County (“LAC”) in Lancaster, California, since he filed this case on July 1, 2016.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?