(HC) Slaven v. The People of the State of California

Filing 28

ORDER construing Motion to Dismiss in part as Motion to Amend to name proper Respondent; ORDER granting Motion to Amend and directing Clerk of Court to change name of Respondent 25 signed by Magistrate Judge Jennifer L. Thurston on 4/25/2021. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LEONARD A. SLAVEN, Petitioner, 12 13 14 v. C. PFEIFFER, Warden, 15 Respondent. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:20-cv-00606-AWI-JLT (HC) ORDER CONSTRUING MOTION TO DISMISS IN PART AS MOTION TO AMEND TO NAME PROPER RESPONDENT ORDER GRANTING MOTION TO AMEND AND DIRECTING CLERK OF COURT TO CHANGE NAME OF RESPONDENT 17 On April 2, 2021, Respondent filed a motion to dismiss, in which Respondent notes that 18 Patrick Covello is the warden at Mule Creek State Prison where Petitioner is incarcerated and requests 19 the Court substitute Patrick Covello as the Respondent. (Doc. 25 at 1, n.1.) The Court will construe 20 this as a motion to amend to name the proper respondent and grant the motion. Because it appears 21 Patrick Covello is a proper party (Rule 2(a) of the Rules Governing ยง 2254 Cases; Ortiz-Sandoval v. 22 Gomez, 81 F.3d 891, 894 (9th Cir. 1996); Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th 23 Cir. 1994)), the Clerk of Court is DIRECTED to change the name of the Respondent to Patrick 24 Covello, Warden. 25 26 27 28 IT IS SO ORDERED. Dated: April 25, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE

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