(HC) Gianakos v. United States of America

Filing 7

ORDER GRANTING #6 Motion to Amend Respondent; ORDER Substituting Warden White as Respondent in This Matter, signed by Magistrate Judge Sheila K. Oberto on 07/16/2021. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL SEAN GIANAKOS,

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Petitioner,

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Case No. 1:21-cv-01056-NONE-SKO-HC
ORDER GRANTING MOTION TO AMEND
RESPONDENT
[Doc. No. 6]

v.
WARDEN WHITE,

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ORDER SUBSTITUTING WARDEN
WHITE AS RESPONDENT IN THIS
MATTER

Respondent.

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On July 6, 2021, Petitioner filed a federal petition for writ of habeas corpus. He named the

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18 United States of America as Respondent in this matter.
On July 15, 2021, Petitioner filed a motion to amend the petition to name Warden White

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20 as Respondent in this matter. Warden White is the proper respondent as he is the warden at the
21 petitioner’s institution and has “day-to-day control over” the petitioner. Brittingham v. United
22 States, 982 F.2d 378, 379 (9th Cir. 1992).
Accordingly, Petitioner’s motion to amend the respondent is GRANTED. Warden White

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24 is hereby SUBSTITUTED as Respondent in this matter.
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IT IS SO ORDERED.

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/s/ Sheila K. Oberto

July 16, 2021

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UNITED STATES MAGISTRATE JUDGE

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