Orduno v. On Habeas Corpus

Filing 7

ORDER Granting 6 Motion to Amend Petition to Name Proper Respondent, signed by Magistrate Judge Erica P. Grosjean on 11/9/16. M.E. Spearman Added. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WALTER ORDUNO,
Petitioner,

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ORDER GRANTING MOTION TO AMEND
PETITION TO NAME PROPER
RESPONDENT

v.

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Case No. 1:16-cv-01180-EPG-HC

M.E. SPEARMAN,

(ECF No. 6)

Respondent.

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Petitioner a state prisoner proceeding pro se with a petition for writ of habeas corpus

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17 pursuant to 28 U.S.C. § 2254.
On November 7, 2016, Petitioner filed a motion to amend the petition to name the

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19 warden of his facility as Respondent. (ECF No. 6). As the proper respondent to a § 2254 habeas
20 petition is the state officer having custody of the petitioner, the Court GRANTS the motion to
21 amend and DIRECTS the Clerk of Court to substitute M.E. Spearman as Respondent in this
22 matter.
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IT IS SO ORDERED.
Dated:

November 9, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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