(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL SEAN GIANAKOS, 12 Petitioner, 13 14 Case No. 1:21-cv-01056-NONE-SKO-HC ORDER GRANTING MOTION TO AMEND RESPONDENT [Doc. No. 6] v. WARDEN WHITE, 15 ORDER SUBSTITUTING WARDEN WHITE AS RESPONDENT IN THIS MATTER Respondent. 16 On July 6, 2021, Petitioner filed a federal petition for writ of habeas corpus. He named the 17 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 19 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 23 24 is hereby SUBSTITUTED as Respondent in this matter. 25 26 IT IS SO ORDERED. 27 Dated: /s/ Sheila K. Oberto July 16, 2021 . UNITED STATES MAGISTRATE JUDGE 28 1

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