Thomas v. Sutton

Filing 6

ORDER GRANTING Petitioner's Motion to Amend to Name a Proper Respondent 5 ; ORDER DIRECTING Clerk of Court to Change Name of Respondent, signed by Magistrate Judge Jennifer L. Thurston on 4/5/17: The Clerk of Court is DIRECTED to change the name of Respondent to John Sutton, Warden. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 MICHAEL S. THOMAS,

Case No. 1:17-cv-00205-JLT-HC

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ORDER GRANTING PETITIONER’S
MOTION TO AMEND TO NAME A
PROPER RESPONDENT
(Doc. 5)

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Petitioner,
v.

14 JOHN SUTTON, Warden,
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Respondent.

ORDER DIRECTING CLERK OF COURT
TO CHANGE NAME OF RESPONDENT

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After conducting a preliminary review of the petition, it was discovered that Petitioner

18 had named an improper respondent. Petitioner was granted leave to amend to name a proper
19 respondent. On March 29, 2017, Petitioner filed a motion to amend the petition to name John
20 Sutton as Respondent in this matter. John Sutton is Warden of Wasco State Prison, where
21 Petitioner is presently in custody. Therefore, he is the proper respondent in this habeas matter.
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Accordingly, the Court ORDERS that Petitioner’s motion to amend the petition to name

23 John Sutton as Respondent is GRANTED, and the Clerk of Court is DIRECTED to change the
24 name of Respondent to John Sutton, Warden.
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IT IS SO ORDERED.
Dated:

April 5, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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