Gallagher v. Asuncion
ORDER DIRECTING Clerk of Court to AMEND Caption signed by Magistrate Judge Sheila K. Oberto on 1/31/2017. (Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
BRET D. GALLAGHER,
Case No. 1:16-cv-01177-AWI-SKO HC
ORDER DIRECTING CLERK
OF COURT TO AMEND CAPTION
DEBBIE ASUNCION, Warden,
“If the petitioner is currently in custody under a state court judgment, the petition must name
as respondent the state officer who has custody.” Rule 2(a) of the Rules Governing Section 2254
Cases in the United States District Courts. Petitioner has advised the Court that he is presently
incarcerated in California State Prison, Corcoran. As a result, Debbie Asuncion, the warden of the
California State Prison, Lancaster, no longer has custody of Petitioner. David Davey, Warden of
California State Prison, Corcoran, now has custody of Petitioner.
Accordingly, the Court hereby ORDERS the Clerk of Court to amend the caption in this
matter to reflect the name of David Davey, Warden, California State Prison, Corcoran, as
IT IS SO ORDERED.
January 31, 2017
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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