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