Blount v. Kernan

Filing 15

ORDER Directing Clerk of Court to Amend Caption signed by Magistrate Judge Sheila K. Oberto on 1/30/2017. David Davey added as Respondent. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TYRIN LEE BLOUNT,

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Case No. 1:16-cv-01653-DAD-SKO HC

Petitioner,
ORDER DIRECTING CLERK
OF COURT TO AMEND CAPTION

v.
SCOTT KERNAN,

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Respondent.

(Doc. 11)

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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. “The proper respondent in a federal habeas corpus

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petition is the petitioner’s ‘immediate custodian.’” Brittingham v. United States, 982 F.2d 378, 379
(9th Cir. 1992) (quoting Demanjuk v. Meese, 784 F.2d 1114, 1115 (D.C. Cir. 1986)). Respondent

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has advised the Court that Petitioner is presently incarcerated in the California State Prison,

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Corcoran. As a result, David Davey, Warden of California State Prison, Corcoran, has immediate

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custody of Petitioner.

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Accordingly, the Court hereby ORDERS the Clerk of Court to amend the caption to reflect
the name of David Davey, Warden, California State Prison, Corcoran, as Respondent.

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IT IS SO ORDERED.
Dated:

January 30, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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