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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRET D. GALLAGHER,

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Petitioner,

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Case No. 1:16-cv-01177-AWI-SKO HC
ORDER DIRECTING CLERK
OF COURT TO AMEND CAPTION

v.
DEBBIE ASUNCION, Warden,

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Respondent.

(Doc. 23)

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“If the petitioner is currently in custody under a state court judgment, the petition must name

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as respondent the state officer who has custody.” Rule 2(a) of the Rules Governing Section 2254

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Cases in the United States District Courts. Petitioner has advised the Court that he is presently

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incarcerated in California State Prison, Corcoran. As a result, Debbie Asuncion, the warden of the

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California State Prison, Lancaster, no longer has custody of Petitioner. David Davey, Warden of
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California State Prison, Corcoran, now has custody of Petitioner.
Accordingly, the Court hereby ORDERS the Clerk of Court to amend the caption in this

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matter to reflect the name of David Davey, Warden, California State Prison, Corcoran, as

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Respondent.

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IT IS SO ORDERED.

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Dated:

January 31, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE
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