Peralta v. Sandor

Filing 6

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/10/12 ORDERING that the Celrk of Court substitute Gary S. Sandor as respondent; respondent shall show cause within 10 days why petitioner has not been provided with a certified trust account statement. (cc: Michael Farrell) (Manzer, C)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

CION ADONIS PERALTA,

11

Petitioner,

12
13

No. 2:12-cv-2571 CKD P

vs.
GARY S. SANDOR, Warden1,

14

Respondent.

15

ORDER
/

16

Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of

17

habeas corpus pursuant to 28 U.S.C. § 2254. On October 18, 2012, the court ordered petitioner

18

to file an affidavit in support of his request to proceed in forma pauperis or pay the appropriate

19

filing fee. Petitioner asserts that he cannot complete an in forma pauperis application because

20

prison staff at the California Institution for Men will not provide him with a certified trust

21

account statement, despite his repeated attempts to obtain one. (Dkt. Nos. 1-1, 5.)

22

\\\\\

23
24
25
26

1

Petitioner has named Michael Martel as respondent in this action. As it appears as a matter
of public record that Gary S. Sandor is the current Warden of the CIM, the court will substitute him
as the correct respondent. See Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994)
(“A petitioner for habeas corpus relief must name the state officer having custody of him or her as
the respondent to the petition.”); Rule 2(a), 28 U.S.C. foll. § 2254).
1

1

Good cause appearing, IT IS HEREBY ORDERED that:

2

1. The Clerk of Court shall substitute Gary S. Sandor, Warden, as respondent in

3

the docket of this action;

4

2. Within ten days from the date of this order, respondent shall file and serve

5

papers showing cause why petitioner has not been provided with a certified trust account

6

statement in order to apply for in forma pauperis status in this action; or, alternatively, indicate

7

that petitioner has been provided with this statement.

8
9

3. The Clerk of the Court shall serve a copy of this order on Michael Patrick
Farrell, Senior Assistant Attorney General.

10

Dated: December 10, 2012

11

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

12
13
14
15

2
pera2571.osc

16
17
18
19
20
21
22
23
24
25
26
2