Gallagher v. Asuncion

Filing 25

ORDER DIRECTING Clerk of Court to AMEND Caption signed by Magistrate Judge Sheila K. Oberto on 1/31/2017. (Sant Agata, S)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 BRET D. GALLAGHER, 5 Petitioner, 6 7 Case No. 1:16-cv-01177-AWI-SKO HC ORDER DIRECTING CLERK OF COURT TO AMEND CAPTION v. DEBBIE ASUNCION, Warden, 8 Respondent. (Doc. 23) 9 “If the petitioner is currently in custody under a state court judgment, the petition must name 10 11 as respondent the state officer who has custody.” Rule 2(a) of the Rules Governing Section 2254 12 Cases in the United States District Courts. Petitioner has advised the Court that he is presently 13 incarcerated in California State Prison, Corcoran. As a result, Debbie Asuncion, the warden of the 14 California State Prison, Lancaster, no longer has custody of Petitioner. David Davey, Warden of 15 16 California State Prison, Corcoran, now has custody of Petitioner. Accordingly, the Court hereby ORDERS the Clerk of Court to amend the caption in this 17 18 matter to reflect the name of David Davey, Warden, California State Prison, Corcoran, as 19 Respondent. 20 21 IT IS SO ORDERED. 22 23 Dated: January 31, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 1 .

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